Many employees are shocked to learn that they have been dismissed while on sick leave. If you were fired while dealing with a medical condition, you may be wondering whether your employer was legally allowed to terminate your employment. In Ontario, employees are protected by both the Employment Standards Act and the Ontario Human Rights Code, which limit how employers can treat employees who require medical leave or disability accommodation.
Although an employer may terminate employment in some circumstances, they cannot dismiss an employee because they took protected medical leave or because they suffer from a disability. If illness or disability played a role in the termination decision, the dismissal may constitute discrimination or wrongful dismissal.
When Sick Leave Is Protected
The Employment Standards Act provides job protection for certain medical leaves, including sick leave and other protected leaves of absence. During these protected leaves, employers are generally prohibited from penalizing or terminating employees for exercising their statutory rights. Termination that occurs during or immediately after a protected leave may raise serious legal concerns.
The Duty to Accommodate Illness or Disability
Under the Ontario Human Rights Code, employers have a legal duty to accommodate employees with disabilities to the point of undue hardship. This means employers may need to consider modified duties, reduced hours, gradual return-to-work plans, or temporary medical leave. If an employer terminates an employee without considering reasonable accommodation, the dismissal may violate human rights legislation.
Warning Signs of an Improper Termination
Certain circumstances may suggest that a termination was connected to a medical leave or disability. Examples include being dismissed while still on sick leave, termination shortly after providing medical documentation, refusal by the employer to discuss accommodation options, or being replaced while still recovering from a medical condition. In these situations, the employee may have a claim for wrongful dismissal or human rights damages.
What To Do If You Were Fired While on Sick Leave
If you were dismissed while on medical leave, it is important not to sign any severance documents immediately. Gather your employment contract, termination letter, and medical documentation, and seek legal advice before accepting any offer. Many employees discover that they are entitled to significantly more compensation than what their employer initially offered.
Do You Have to Pay a Lawyer Upfront?
Many employees worry they cannot afford legal representation after losing their job, especially if they are dealing with a medical condition. At Landy Marr Kats LLP, many employment law cases are handled on a contingency fee basis. This means you do not pay legal fees unless we successfully recover money for you. There are no upfront legal fees required to start your case. Contact us