@Stuart- the Ontario Court of Appeal has a great deal of info on this exact subject on the following case: Tim Ludwig Professional Corporation v. BDO Canada LLP, 2017 ONCA 292 para. 60, 61, 62, 63, and 68. To put it in simpler terms-bad faith at the time of dismissal would not be something that any individual would place into their employment contract. Damages for tangible and intangible harm is reasonably foreseeable and in the contemplation of the parties at contract formation, consistent with seminal case of Hadley v. Baxendale(1854),9 Ex.341, 156 E.R. 145. Thanks for sharing.
I`ve been on workers comp for about 6 months and yesterday my job sent me a return to work letter as they can now accommodate my restrictions. My issue is I thought I was terminated because whenever I contacted human resources after I reported my injury they would ignore my texts. I didn't receive a termination letter but I received a letter from Optum Financial stating: "Optum Financial has been advised by your plan administrator, (Employer), that on 4/15/2022, you experienced an event due to Termination which constitutes a qualifying event under the group health plan(s). As a result, your coverage, and that of your covered dependent(s), if any, will end on the date(s) set forth on the COBRA Continuation Election Form accompanying this letter." I was fired 4 days after I reported my injury. Now they want me to return to work. Is this right and can I sue them for wrongful termination?
@Stuart- the Ontario Court of Appeal has a great deal of info on this exact subject on the following case: Tim Ludwig Professional Corporation v. BDO Canada LLP, 2017 ONCA 292 para. 60, 61, 62, 63, and 68. To put it in simpler terms-bad faith at the time of dismissal would not be something that any individual would place into their employment contract. Damages for tangible and intangible harm is reasonably foreseeable and in the contemplation of the parties at contract formation, consistent with seminal case of Hadley v. Baxendale(1854),9 Ex.341, 156 E.R. 145. Thanks for sharing.
I`ve been on workers comp for about 6 months and yesterday my job sent me a return to work letter as they can now accommodate my restrictions. My issue is I thought I was terminated because whenever I contacted human resources after I reported my injury they would ignore my texts. I didn't receive a termination letter but I received a letter from Optum Financial stating:
"Optum Financial has been advised by your plan administrator, (Employer), that on 4/15/2022, you experienced an event due to Termination which constitutes a qualifying event under the group health plan(s). As a result, your coverage, and that of your covered dependent(s), if any, will end on the date(s) set forth on the COBRA Continuation Election Form accompanying this letter."
I was fired 4 days after I reported my injury. Now they want me to return to work. Is this right and can I sue them for wrongful termination?