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I have been off work with a hip injury and OA for 3 years. Long term disability was approved beyond the 2 year mark and I am currently receiving LT from Manulife.
Question I have is I strongly suspect that my employer is about to fire me via the
“ frustration of employment contract” method. The employer has directly contacted my doctor 3 times lately as the want a question answered. The question is “considering Jim has been off work for 3 years since August 2021, cannot return to work, the fact that his insurance provider, Manulife, deemed him unable to do his essential duties, and the fact that there is no timeframe for surgery, is there a reasonable prospect for him to return to work in the foreseeable future?

Is the employer allowed to directly contact my doctor? Since my doctor never responded, my employer contacted me to get this question answered from my doctor in a timely matter.

As you can tell, I believe my employer is getting set to fire me with the “frustration of employment contract “

Is getting fired for this mean I would get a minimum severance? And what other implications are involved?

Please help.

Sincerely

I'm sorry to hear about your situation. Typically, that sort of question is allowed to be asked as they would want to plan for your return, or the fact that you may not be able to return.
Unfortunately, you will need to speak with our employment team regarding any severance and frustration entitlements, but know that your LTD benefits should still continue even if you are terminated. If you want to discuss further, I suggest you give our employment team a call at 1-855-821-5900.
The Disability Lawyers at Samfiru Tumarkin LLP
Direct Tel (Toll Free): 1-888-990-9646     Email: help@disabilityrights.ca     Web: www.stlawyers.ca
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