14.45 ELEMENTS OF CLAIM: FAILURE TO REINSTATE (Employee with a Serious Health Condition) is a legal claim that can be filed by an employee who has been terminated or laid off from their job due to a serious health condition. The employee must show that the employer failed to reinstate the employee to their former position or to a comparable position after the health condition was resolved. The claim must include evidence of the employee's serious health condition, proof that the health condition was resolved, and evidence that the employer failed to reinstate the employee. There are two types of 14.45 ELEMENTS OF CLAIM: FAILURE TO REINSTATE (Employee with a Serious Health Condition): (1) wrongful termination and (2) failure to provide reasonable accommodation. In the event of wrongful termination, the employee must show that the employer terminated the employee due to their health condition. In the case of failure to provide reasonable accommodation, the employee must show that the employer failed to provide reasonable accommodation for the employee's health condition.
14.45 ELEMENTS OF CLAIM: FAILURE TO REINSTATE (Employee with a Serious Health Condition)
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