Help? Due Process??

[Jp6121]

What is the name of your state (only U.S. law)? Mississippi

I had hip surgery on Oct 19th and called my supervisor to tell set things up with him. He told me to call people and get my shift covered. I was able to get my shift covered on the 19th and 20th. Which was fine I told them, the next day I was scheduled to work was on the 26th, 27th, 28th. I came back to work on the 26th and was in pretty bad pain, so I did what I was told to do, which was call and get someone to cover my shift. No one was available to cover my shift. So, I was forced to work, while in severe pain. I work the 26th, 27th, 28th, 31st and then part of the 1st. On the first, the Asst. Chief comes in at tells me I am the rudest person he has ever met and asked where "Frank" was. I said uh, I dont know...(because it put on the spot) I said, he is on a traffic stop. The asst. chief then says you havent checked on him for 14 minutes. He said you are suspended and if I have anything to say your a$$ is fired! He said we will see just how much stroke I have because your gone. He sent me home, so I worked half my shift on the 1st. I called him and set up a meeting with the asst chief on the 5th. He tells me that if I want to I can appeal to the board of alderman but I would be wasting my time. He said the board is not going to go against him. So long story short. They terminate me on the 6th. I was checking my insurance and they cancelled my insurance on Oct 31t! 6 days before I was terminated. Can they do that?

 

[commentator]

Okay, before anyone can help you, we definitely need more information. It sounds as though you work for city or county government somewhere. what is your job? Approximately how many employees does this particular employer have?

How long have you worked there? How many hours do you work a pay period? Are you a full time employee?

There are many issues here. Have you been released by your doctor to return to work? Was this a work related injury or condition? Did you notify your employer about your need to have the surgery? Did you offer to submit doctor's statements? Did you let them know when you might be released to return to work?

Either way, immediately, if you have not already done so, you need to sign up for unemployment benefit immediately! Even though Mississippi pays the lowest weekly unemployment insurance benefit in the United States, it will still be something, and you definitely need to file for it. You will tell them, of course the circumstances under which you were terminated.

It isn't welfare, it is insurance against your being put out of work arbitrarily for no fault of your own. Sounds like that's what has happened here. But in any case, file, and get your case started through the system. One thing that will be interesting to hear is the reason they provide for having terminated you. Once you file for unemployment benefits, they'll be asked for this reason, this documentation that they had some valid reason to fire you.

If there was a medical issue involved in your firing, you will be required to produce a doctor's statement that says you are able and available and ready to seek other work before you can begin receiving weekly benefits. But regardless, go on and file for unemployment right now.

Now, anything else you have, whether you should have had FMLA, or COBRA for your insurance, or any of these other issues, you still need to file for unemployment right away and get that process started. They will begin an investigation about the reason you were terminated, and whether you were terminated for a valid misconduct reason or not. This will determine whether you will qualify for unemployment benefits.

But in the meantime, get back with us here and tell us more of the detail I asked for above.

 

[Jp6121]

I have worked for the police department for about 9 moths. There is only a 6 month probationary period, so I was off of probation. I am working as a dispatcher. I am a full time employee who works 84 hours every two weeks. The size of the department is around 40-50 full time employees. The Dr. told me that I could work if I could stand the pain. The injury was not work related. I told my employer when I was having surgery and I for sure needed two days of and I would be able to ascertain the pain level after those two days and see if I was able to go to work. I have already filed for unemployment insurance, did that on the 7th, the day after my termination was voted on and approved by the Board of Alderman. I asked about if I was covered under FMLA and I was told I have be an employee for a year before FMLA would cover me being out for anything. The unemployment insurance when I filed for it, I was told they needed to investigate further but to keep doing my weekly certifications. My position was already filled, before my case even came up before the board of alderman for my termination. They had hired someone the following day when I got suspended the night before. Thanks

 

[ecmst12]

Depending how your plan is written, it is entirely possible (even likely) that terminating your insurance on the last day of the month before your termination was proper. It's not the most common way for plans to be designed (more common for it to be the end of the month AFTER termination) but it does happen and it is legal. You can sign up for Cobra.

 

[cbg]

Eligibilty for FMLA is set by Federal law and what you were told is correct; you need to be employed by that employer for 12 months before FMLA applies.

 

[Jp6121]

ECMST, I guess my question about the coverage being terminated was our insurance is paid on the first of the month. I was still a full time employee and worked on the 31st and worked about 6 hours on the 1st. I was suspended with pay for the other 6 hours on the first and also on the following Monday and Tuesday. So my insurance should have been paid through the month of December I would think?

 

[cbg]

When does your plan document say that coverage ends?

Whatever your plan document says, that's when your coverage ends. There is only one state that requires that coverage extend to the end of the month in which employment ends and that state is not Mississippi. (And I'm not even sure if it's still the case in that one state...I have a vague memory that it may have been repealed even there.)

 

[commentator]

It sounds like unemployment insurance will be your only alternative...except that you'll be able to get COBRA insurance coverage, and since your situation with the knee surgery will probably entail some more doctor's visits, you'll probably need insurance for a while, certainly until you can find another job with another insurance program for you to get on.

Keep making those weekly certifications. It will take a while to get a decision on whether you're approved or not, and then either party that loses the decision can appeal and there will be a hearing.

Yes, it does sound as though they got rid of you with someone else in mind to replace you. Whether they did it because you had to be off and have knee surgery or not, it was legal for them to do it, legal for them to fire you in the absence of FMLA, but for unemployment purposes, they still have to show that they had some verifiable misconduct reason for you to be fired, and it doesn't sound like they have that.

What they'll be interested in is did you know your job was in danger? Did you know you were doing something bad enough to get you fired? If your "rudeness" to a supervisor or officer was to the extent of telling them to go do unpronouncible things to themselves or picking up a trash can and throwing it at them, you'd have been accused of "Gross misconduct" which means you should not have done it even once, knew it was inappropriate behavior on the job. Otherwise, they're going to have a hard time showing that one supervisor accusing you of rudeness on one occasion with no warnings or progressive discipline or opportunity to change your behavior is a good enough reason to fire you without unemployment benefits.

As for your being sick, off work, working while you were in pain, that's not really going to play into unemployment unless they say they fired you because you were off work. If that is the case, all you will need to do is give the unemployment system medical excuses showing you were off work for a genuine medical reason.

 

[ecmst12]

Some employers take premiums out of your pay for the month ahead, and some for the month behind. If you only paid the premium through October, then you aren't owed coverage past that.

 

[Jp6121]

The insurance is paid on the 1st of every month for the upcoming month. That is why I was curious as to if they could do this or not. I was employed when insurance premium was paid for the month of November. So, my insurance should have been paid, per my employment agreement with the city and following the guidelines they set forth in the employee handbook. The more I look at what transpired it all seems to stem from having hip surgery.

 

[cbg]

The employee handbook is not - repeat, NOT - the deciding factor when it comes to when your insurance ends. The health insurance plan document is. They are not the same thing. The employer is required by law to follow the plan document. They are not required by law to follow the employee handbook.

Your employer is required by law to give you a copy of the summary plan description, which should say, among other things, when insurance ends, of the plan document on request. Request one. See when IT says insurance ends. If the plan document is not followed you have legal recourse. You have none if they fail to follow the employee handbook.

 

[Jp6121]

CBG, I was never shown or given any paperwork in reference to my insurance. I am kinda frazzled here, since I have all of these medical needs that have arisen in the past few months. I just can't shake the feeling that my need to have hip surgery played some sort of role in the termination. I don't know if it was a small or a large part.

 

[Jp6121]

I just looked at United Health Care's website at all of the policy language for my policy and all it does is refer me to my employers copy of the same thing, which I assume will have all the information I need.

 

[cbg]

One more time; ONLY YOUR EMPLOYER'S HEALTH INSURANCE PLAN DOCUMENT matters here. That can be gotten ONLY from your employer (well, UHC could provide it, but they generally won't unless asked by your HR office). So go to your HR or Benefits office and ASK THEM FOR IT. That is the ONLY way you are going to get the answer.

 

[Jp6121]

CBG, thank you! I will check with them tomorrow and see what I can get.