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How many weeks/months of severance does an employer owe you if you’ve been off on LTD for 10 years and they are saying you’ve frustrated the contract?
If the legal test for frustration of contract due to medical reasons is met, the applicable termination amount is 1 week per year of service capped at 8 weeks. If the employer's payroll is at least $2.5 million, you are owed an additional 1 week per year of service capped at 26 weeks. The duration of the medical leave counts as service/seniority.