Top Questions and Answers

Ask your question and an employment lawyer in Ontario, BC or Alberta will answer in minutes

FOR EMPLOYEES
FOR EMPLOYERS




Note, your name, city and email is not displayed on the website. It is used to notify you that we have answered your question.


I’ve been off work for more than 2 years here in Ontario. I work with Public Health in the Communicable Infectious Diseases department. After September 16, 2026, my leave changes to “Change of Definition” also my employer would be able to post my position. In March 2026 an updated medical report was requested by the insurance case manager to my family physician. The insurance company approved my LTD (beyond the change of definition date of September 16th) where I would continue to receive a portion of my pay (70/75 %) until the age of 65. My case would be transferred to another department within the same insurance company, and my claim would be managed by my employer in terms of monthly payout until the age of 65. My claim is currently being managed by the insurance company. This also came with a request for me to complete the CPP form and other forms. Although I was approved for extended LTD, I want to return to work for various reasons. I want to return to my current position gradually with accommodation like working from home at least initially. Prior to my injury I was working from home 100% of the time due to COVID. Since I’ve been off it is now 50% work from home and 50% in office. I belong to a union, but I don’t feel like the new union rep knows much about the process. The union rep was saying that if I got the okay to return to work, I wouldn’t be able to work from home 100% of the time, and I had asked her about LOU-Letter of Understanding titled "Grievance Process for Long-Term Disability Disputes," two weeks ago and she doesn’t know much about it. I have just over a month before the change of definition date and now the claims manager wants me to contact my physician regarding obtaining medical clearance before I could go and be medically assessed by the insurance company’s own practitioner. I’m feeling frustrated and stressed right now and not sure what to do at this point.
I am seeking legal guidance regarding my 19-year-old son, Josh, who was terminated from his employment at a long-term care facility in Ontario after approximately two months, while still in his probationary period. Josh was terminated without being given a specific reason. He was told that because he was still on probation, the employer was not required to provide one. We subsequently learned that he may be permitted to apply for work at another facility within the same organization. Our main concern is whether the termination may have been influenced by an interpersonal conflict involving another employee, Amber. Amber was recently in a relationship with Josh’s father, but they have since separated and are now ex-partners. There had been personal issues involving Amber and Josh, and given the timing and circumstances surrounding Josh’s termination, we are concerned that Amber may have communicated something to management or otherwise influenced the decision. We do not know whether Amber actually played a role in the termination and do not want to make an unsupported allegation. However, the circumstances have raised concerns about possible bias, conflict of interest, or improper influence in the decision. We would like advice on: Whether an Ontario employer can terminate someone during probation without providing a reason. Whether there are legal protections that still apply to an employee during probation. Whether a termination could be challenged if another employee’s personal conflict or influence contributed to the decision. Whether Amber’s personal relationship with Josh’s father and subsequent separation could be relevant to assessing whether there was bias or improper influence. What evidence Josh should obtain or preserve to determine whether Amber played a role. Whether Josh should request written confirmation of the reason for termination and copies of any complaints, performance documentation, or other records relied upon by the employer. Whether the fact that he was apparently told he could work at another facility within the organization has any legal significance. Whether there may be grounds for a claim or complaint depending on what occurred. What Josh’s immediate next steps should be and whether there are any limitation periods we need to be aware of. We are primarily looking to understand whether the termination was simply a lawful probationary termination or whether the surrounding circumstances warrant further investigation or legal action. What information or documentation would you need from Josh to assess the situation?
Previous Next
Page 10 of 1630