Long Term Disability Insurance Benefits

Discusses a recent case were the Court held extension of an employee’s long term disability benefits was sufficient for the employer to conclude there was no reasonable likelihood that the employee would return to work in the foreseeable future, thus concluding the contract was frustrated as the employee could no longer perform its employment responsibilities due to the unforeseen situation. 

The court held the employer could conclude there was no reasonable likelihood of the employee returning to work within a reasonable period of time, based on the extension of Long Term Disability  Benefits. Being on Long Term Disability Benefits does not preclude an employee from being terminated for being absent.