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Debra, Lawyer
Category: Canada Law
Satisfied Customers: 100409
Experience:  Lawyer
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My husband was working for a company in bc and told them he

Customer Question

My husband was working for a company in bc and told them he needed time off for a surgery, they put him on short term disability. He had told them he didn't want their pay but received pay anyway. In meantime another company in ont needed him to work. He went. Did not tell be company he was working. They are now asking ont company questions. What can happen?
Submitted: 1 year ago.
Category: Canada Law
Customer: replied 1 year ago.
The dr who did medical told him he couldn't be far from land as he has two hernias that need to be repaired. The job in bc took him 24 hrs from shore. Too far from hospital.
Customer: replied 1 year ago.
The Ontario job is only 30 min from shore. Had every intention on going back to bc late fall to job after surgery.
Customer: replied 1 year ago.
Posted by JustAnswer at customer's request) Hello. I would like to request the following Expert Service(s) from you: Live Phone Call. Let me know if you need more information, or send me the service offer(s) so we can proceed.
Expert:  Debra replied 1 year ago.

Thank you for your question.

I am sorry but I cannot speak to you on the telephone. I know the site offers this service but the site is based in the US. In Canada the rules of my law society prohibit me from speaking to you on the telephone as you are not my client.

I can only speak to you by posting up and back over this site.

What will happen is that he will have to pay back the short-term disability and he will likely lose his job.

It is clearly not acceptable to tell one company that you are unable to work, collect short-term disability benefits through them, and then work for another company.

It is not that he was lying but he did not tell what he was doing and he certainly could not have gone off on sick leave and work for someone else and still receive disability benefits.

Does that answer your question?

Please feel free to post back with any follow-up questions you may have. If you don't have any then I hope I have earned a 5 star rating but if you don't feel that I have please don't hesitate to reply back and let me know what more I can do to assist you. Finally, please know that even after you rate me I will be here for you and you can ask follow-up questions if you think of them later on at no further charge of course.

Customer: replied 1 year ago.
Should he put in a resignation today? Would that help?
Expert:  Debra replied 1 year ago.

Help with what?

And has he told them the truth?

Has he offered to pay back the STD benefits?

Customer: replied 1 year ago.
No he hasn't been talking to them. Just found out they have been asking questions. Not sure what step he should take.
Customer: replied 1 year ago.
He doesn't want to make things any worse.
Expert:  Debra replied 1 year ago.

There is no need to resign as he is no further ahead than if he is dismissed.

Rather, he should get a doctor's note explaining that he could work in Ontario and why and why he could not work for them at that point in time.

And he should say he wants to explain what happened and will pay back the STD benefits if they want but he is also reminding them that from the start he said he didn't want to collect them so there is no deception here.

Customer: replied 1 year ago.
Ok he will go see the dr.
Expert:  Debra replied 1 year ago.


I hope this works out.

Have a lovely weekend!

Expert:  Debra replied 12 months ago.

And please don't forget to rate me before you leave the site so that I can receive credit for my work.


Expert:  Debra replied 12 months ago.

Is there anything more I can help you with at this point in time?

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