This session will offer a review of the recent legal trends dealing with issues related to disability benefits in the context of employment law. This session will offer a practical review of legal steps, strategies and considerations that can be taken to minimize overall legal risk when dealing with disability benefits in employment.
This session will address:
- Double Recovery-When is an employee entitled to recover both disability income replacement benefits and pay in lieu of notice/severance? When can these payments be offset against one another?
- Disability Benefits during Lay-Off/Vacation/Leaves of Absence-Is an employee entitled to disability income replacement benefits during a lay-off, vacation or leaves of absence?
- Disability during Reasonable Notice Period-Is an employee eligible for income replacement benefits during the common law reasonable notice period?
- Frustration of Contract-When is a contract of employment truly frustrated? What is the threshold you need to meet? How do you ensure your case is defensible?
- Damages-Where are our courts going with the award of punitive and aggravated damage in the context of a denial of disability income replacement benefits?
- Conflicts-How do you as in-house counsel manage the relationship between the employer, insurer and the employee to avoid or minimize potential conflicts?
|This program has been accredited by the Law Society for 0.5 Professionalism Hour