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My employer wants to terminate my employment I'm presently on long term disability. I understand I have a severance package that should be paid to me I have over 31 years of service. However I'm disappointed in my union because they are telling me to sign a severance package that is below the standard pay out of a standard severance package according to your Severance calculator and my inquiry to lawyers I'm very disappointed in this Union can I hire a lawyer to handle my severance payout and does my LTD continue without disruption.

Unfortunately, as a unionized employee you cannot sue your employer for more severance. It’s not allowed by law. Only the union can represent you in such a situation. However, if you feel that your union is not acting in your best interests then you could file a complaint against them with the Ministry of Labour.

In terms of your LTD, getting terminated from your job should not impact your right to continue receiving LTD. However, your insurer may be entitled to receive a credit for that severance, depending on the provisions of your LTD policy. You should be aware of that. Check your policy wording in this regard carefully.

Lastly, consider that letting an employee go while on disability is potentially a human rights breach. You may have a claim for human rights damages against your employer. You may want to speak with your union about that as well.
Sivan Tumarkin
Direct Tel (Toll Free): 1-888-990-9646     Email: sivan@stlawyers.ca     Web: www.stlawyers.ca
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