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I have been terminated last December due to illness. I was employed with a construction company for about 10 years then the company was sold to another construction company. I had to leave my job due to lung cancer. I have been denied long term disability, There reason for this is that I didn't work for 40 hrs a week for 20 consecutive, and they say I am a seasonal worker. I was working on asphalt, and as soon as the snow came I was plowing snow for the same company. They also took my life insurance away. Was never offered a severance package for either one of the companies. I had Lung surgery Feb 2017, everything was going well no chemo no radiation. Then in late March saw my own doctor, Ended up going back to se oncologists. turned out I have stage 4 lung cancer. And had no income until I applied for CP disability. Question is should I be receiving either a severance package or long term disability or life insurance after all I paid into it. Also the company asked us to pay our share of my insurance, until I spoke to someone and was told the company has to pay it.
Thank you for reaching out to our firm.
An employer cannot terminate an employee as a result of illness or disability. Insurance and disability benefits are dependent upon the terms found in the respective policies, so I cannot determine your entitlements without having reviewed those documents.
While there is an exemption for termination and severance pay for construction workers in the Employment Standards Act, you may not necessarily be precluded from some form of termination payment. It will require a more thorough examination of your particular circumstances.
I encourage you to contact us to book a consultation to discuss your options and the best course of action going forward.
If you would like to discuss your matter with an employment lawyer, you can contact the number below to schedule a consultation.
An employer cannot terminate an employee as a result of illness or disability. Insurance and disability benefits are dependent upon the terms found in the respective policies, so I cannot determine your entitlements without having reviewed those documents.
While there is an exemption for termination and severance pay for construction workers in the Employment Standards Act, you may not necessarily be precluded from some form of termination payment. It will require a more thorough examination of your particular circumstances.
I encourage you to contact us to book a consultation to discuss your options and the best course of action going forward.
If you would like to discuss your matter with an employment lawyer, you can contact the number below to schedule a consultation.