In Manitoba, firing an employee specifically because they are sick or on medical leave is a violation of the Human Rights Code. If this happens, you may be entitled to both common law severance pay and additional human rights damages.
Dealing with a serious illness or injury is exhausting enough without the added terror of losing your livelihood. Unfortunately, some employers in Winnipeg, Brandon, and across Manitoba lose patience when an employee needs time off to recover. They might try to package your termination as a “restructuring” or a “layoff” to hide the real reason behind their decision.
Under provincial law, your employer has a legal “duty to accommodate” your medical needs up to the point of undue hardship. 🔮 This means they cannot just fire you because your recovery is taking longer than expected. If you have been let go while on a protected medical leave or long-term disability, working with a local employment lawyer is crucial to uncovering the truth and holding the company financially accountable.
Step-by-Step Process If Terminated While Sick
Getting fired while vulnerable requires a strategic, calm response. Do not let anger or fear push you into making quick decisions that could harm your legal rights.
Step 1: Do Not Sign Any Severance Offer
Employers often courier a severance package to your home with a strict deadline, pressuring you to sign away your rights quickly. ⏱️ Never sign a release form on the spot. By signing, you permanently give up your right to sue for wrongful dismissal or human rights violations, no matter how unfair the termination was.
Step 2: Request a Written Reason
Send a polite email to HR asking for the specific, written reasons for your termination. If they claim your job was eliminated due to corporate restructuring, your lawyer can later investigate if someone else was hired to replace you, which would prove their excuse was a lie to cover up discrimination.
Step 3: Gather Your Medical and Work Records
Collect all documentation proving that your employer knew about your medical condition. 📁 Save emails where you provided doctor’s notes, requested time off, or asked for accommodations (like a modified schedule). These documents form the foundation of a human rights complaint.
Step 4: Consult a Manitoba Employment Lawyer
Take your termination letter and medical timeline to a local law firm. An employment lawyer will assess whether you have a standard wrongful dismissal claim or a combined claim involving the Manitoba Human Rights Commission. They will then negotiate a much larger settlement on your behalf.
How Much Does it Cost to Fight the Termination?
Most workers on medical leave are already facing financial strain, so paying expensive hourly legal fees is usually impossible. 💵
| Legal Action | Estimated Cost (CAD) |
|---|---|
| Initial Lawyer Consultation | $300 – $500 |
| Filing a Human Rights Complaint | Free (Government Process) |
| Wrongful Dismissal Lawsuit | 25% – 35% (Contingency Fee) |
| Lawyer Drafting a Demand Letter | $500 – $1,500 |
Because these cases involve discrimination, many lawyers from our directory will gladly take your case on a contingency basis, meaning they only get paid a percentage of the final settlement they win for you.
How Long Does the Process Take?
Negotiating a fair settlement usually takes 4 to 12 weeks once your lawyer sends a formal demand letter. 🕑 If the employer refuses to pay and you must file a claim at the Court of King’s Bench, a lawsuit can take 1 to 2 years. Alternatively, pursuing a claim through the Manitoba Human Rights Commission is a free but very slow process, often taking 2 to 3 years to reach a final hearing.
Frequently Asked Questions (FAQ)
Can my employer fire me for an unrelated reason while I am sick?
Yes, but it is risky for them. If a company goes bankrupt or completely closes your department, they can lay you off alongside your healthy coworkers. However, they must prove that your illness played absolutely zero part in their decision to terminate you.
What is ‘frustration of contract’?
If your illness is so severe that medical evidence shows you will never be able to return to your job, the employer might claim the employment contract is “frustrated.” In Manitoba, if a contract is truly frustrated by illness, the employer usually owes you the minimum notice under the Employment Standards Code, but not common law severance.
Will my Long-Term Disability (LTD) stop if I am fired?
If you are already approved for and receiving LTD benefits, being fired usually does not stop those payments, because the disability occurred while you were covered. However, if you are fired before you apply, getting coverage is much more difficult. Always consult a lawyer before making any moves.
Can I get severance pay and human rights damages at the same time?
Yes. If you were targeted because of your medical leave, a settlement will typically include “pay in lieu of notice” (your severance) plus a separate lump sum for “injury to dignity, feelings, and self-respect” under human rights laws.
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