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I was told by my benefits provider we Seoul’s initiate back to work discussiona in mid August. Instead I received a letter laying out the days/times of my gradual return to work schedule a week later. My first meeting with my employer was on the first day of this gradual return to work schedule. At the meeting I was effectively constructively dismissed. My former position was given to someone else and the ‘new’ position presented is a significant demotion in both responsibilities and salary. I asked for time to review the role and consult with advisers. The HR rep wanted to know if this meant I was not returning for the ‘second’ day on my alleged return to work schedule.

If I do not come in on this second day am I jeopardizing my LTD benefits if it’s somehow construed I am refusing to come to work? What’s the sequence I need to follow to safeguard my position?

We can advise you about your legal options regarding your employment situation if you are not a unionized employee. In terms of your LTD, so long as your doctors confirm that you are unable to work then you should qualify for LTD and get LTD payments. If you are able to go back to work then your LTD will stop. My suggestion is that you contact me at my number/email below and we can discuss your options so that you can decide what you want to do.
Sivan Tumarkin
Direct Tel (Toll Free): 1-888-990-9646     Email: sivan@stlawyers.ca     Web: www.stlawyers.ca
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