Disclosure of disability post-dismissal (Toughest HR Question)Legal obligations depend on what employer knew – or should have known – before terminationBy Colin Gibson01/13/2014|Canadian HR Reporter|Last Updated: 01/13/2014 Question: We dismissed a non-union employee for poor performance and gave her severance pay in lieu of notice. The employee now claims her performance problems were caused by a disability and she has offered to provide a doctor’s note. We didn’t know about any disability when we terminated her. Are we required to do anything? Answer: The legal obligations of an employer facing a post-termination claim of disability will depend on what the employer knew — or should have known — before the employee was terminated.Human rights legislation across Canada protects employees against discrimination based on certain protected grounds, which include mental or physical disability. To Read the Full Story, Subscribe or Sign In Remember Me Forgot Password If you are a current Subscriber, please click here to set-up or update your login information.