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I have been on long term disability since May 30, 2014. I have been injured (slip and fall - Rotator Calf injury) earlier (Jan.7th,2014 while on vacations in Nova Scotia). I collected LTD from Great West Life until my 65th birthday - July 2015. I HAD SURGERY IN MARCH, 2015 and physiotherapy till present. I tried to return to work on restricted duty (limited ability to work with hands overhead). Employer has refused my return until I am 100% which will not be possible confirmed by surgeon). I have worked for the same employer Total of 17year (8.5yrs on contract and transitioned into employee last 8.5 yrs. My employer is offering me 6 month "retirement allowance" and indicate that I could return on contract - part time basis in the near future. My Question is: Since my status is not clearly being let go or dismissed but continues as being - "sick" - Am I eligible to be paid full severance for 17 yrs of employment? If yes how much severance should I be paid. I was paid $62.25 per hour/40hrs/week basis + straight time for any overtime
If your employer is not allowing you to return to work and attempting to provide you with a "retirement allowance", it is likely a termination. Therefore, you are entitled to severance pay based on your age, length of service, and position. If your role within the company during the first 8.5 years was similar to when you were an employee, you will be considered a 17 year employee for the purpose of termination pay. Please contact our firm for a consultation to discuss these details further and determine how we can best assist you.