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  1. #1
    jojo1978 is offline Junior Member
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    Terminated while under dr care

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

    I had a severe kidney infection and was hospitalized. I was out of work for about a week and a half. When I received my release from the dr to go back to work, my employer told me to not bother coming in, that they were "slow." They called me in the next day for a meeting and laid me off. Claiming that they needed to do some downsizing... they have not laid anyone else off, and also have temps coming in to work. I know for a fact that they are not "slow." Also received documentation from my health insurance company that they terminated my insurance while I was still under medical care, the day before I was released to go back to work. I'm not sure if this situation is in fact "illegal" I just wanted to get an opinion or advice about my situation.What is the name of your state (only U.S. law)?
  2. #2
    swalsh411 is offline Senior Member
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    Was this FMLA protected leave?
  3. #3
    cbg
    cbg is offline Senior Member
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    There is no law that says you cannot be termed while under a doctor's care, no.

    However, depending on the exact circumstances, it may or may not have been illegal to term you. Please answer the following questions:

    1.) How long have you worked for this employer?
    2.) How many employees does the employer have within 75 miles of your location?
    3.) In the 12 months immediately preceding your leave, had you worked 1,250hours for this employer?
    4.) Did your employer know, in at least general terms, the reason for your absence?
    Two things I am tired of typing: 1.) A wrongful termination does not mean that you were fired for something you didn't do; it means that you were fired for a reason prohibited by law. 2.) The above answer, whatever it is, assumes that no legally binding contract or CBA expressly says otherwise. If it does, the terms of the contract apply.
  4. #4
    jojo1978 is offline Junior Member
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    1) 4 years
    2) 20-25 Employees
    3) Yes
    4) Yes, they were well aware of the situation daily
  5. #5
    Beth3 is offline Senior Member
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    Your employer does not have enough employees to be subject to the Family and Medical Leave Act (50 employees are necessary.) Therefore they didn't have to extend leave time to you and aren't obligated to return you to work.

    It's a lousy situation but your employer hasn't done anything illegal.
    A person, who is nice to you, but rude to a waiter, is not a nice person. (This is very important. Pay attention. It never fails.)
  6. #6
    jojo1978 is offline Junior Member
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    It's ok for them to cancel my health insurance while I'm out sick? Without first notifying me?

    I also have another comment, and I am not trying to sue them or anything like that. But, while employed, I have multiple people telling me that the girls in the office always talked about me, stating that I was "fat and lazy" "didn't do anything" (I am overweight, but by all means, I am not lazy, and I did my job and beyond) and other things, for example, calling me a "weeny" when I broke my foot one time, the owner was also involved in this particular conversation. I also know that he is not a fan of "overweight people" because he used to talk about this one particular person quite often. It litterally became extremley uncomfortable for me to work around them. I almost felt like the fat fith grader kid being pickied, seriously. I just thought I would ask for feedback on this as well.
  7. #7
    Beth3 is offline Senior Member
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    It's ok for them to cancel my health insurance while I'm out sick? Without first notifying me? Yes, it was legal, as long as the company complied with the particulars in the insurance certificate regarding terminating an employee's benefits.

    I also have another comment, and I am not trying to sue them or anything like that. But, while employed, I have multiple people telling me that the girls in the office always talked about me, stating that I was "fat and lazy" "didn't do anything" (I am overweight, but by all means, I am not lazy, and I did my job and beyond) and other things, for example, calling me a "weeny" when I broke my foot one time, the owner was also involved in this particular conversation. I also know that he is not a fan of "overweight people" because he used to talk about this one particular person quite often. It litterally became extremley uncomfortable for me to work around them. I almost felt like the fat fith grader kid being pickied, seriously. I just thought I would ask for feedback on this as well.

    You work with a bunch of rude and unprofessional people. No laws require your co-workers and the boss to be decent human beings however.
    A person, who is nice to you, but rude to a waiter, is not a nice person. (This is very important. Pay attention. It never fails.)
  8. #8
    cbg
    cbg is offline Senior Member
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    There is nothing in the law that says they are required to continue your health insurance after termination as long as you can prove you were sick. They are required by law to follow the insurance plan document with regards to who is eligible to be covered. In my experience, which is about 32 years worth, at least half the time the plan document says health insurance ends on the last day of employment. If this is what yours says, they would be in violation of the law to continue covering you after your termination EVEN IF you are sick.

    You will have the right of COBRA, which will allow you to continue your health insurance at your own expense. It will not be cheap, but it may be cheaper than paying your own medical bills.

    You have a bunch of rude co-workers. That's all.
    Two things I am tired of typing: 1.) A wrongful termination does not mean that you were fired for something you didn't do; it means that you were fired for a reason prohibited by law. 2.) The above answer, whatever it is, assumes that no legally binding contract or CBA expressly says otherwise. If it does, the terms of the contract apply.
  9. #9
    jojo1978 is offline Junior Member
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    They cancelled my insurance while I was sick and still under the care of the Doctor. I know they do not have to cover me after the termination date. They terminated me on 4/1/11. They sent the request to the insurance company on 3/28/11, to terminate my insurance on 3/31. They did this without knowing when my doctor was going to release me, I was still out sick. Did not get a release to come back to work until 4/1/11.
  10. #10
    swalsh411 is offline Senior Member
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    Not illegal. File for unemployment and look for another job.
  11. #11
    pattytx is offline Senior Member
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    When your insurance coverage ceases in relation to the termination date (or the date you last worked) is addressed in the Summary Plan Document for the insurance plan; it is not an area addressed by law.

    They have 44 days to get you information about COBRA.
    ---------------------------------------------------------------------------------------------------------------------------------------------------------
    You have not won the law suit lottery; in fact, you haven't even won the law suit scratch-off.
  12. #12
    cbg
    cbg is offline Senior Member
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    Ah, grasshopper, I've taught you well!
    Two things I am tired of typing: 1.) A wrongful termination does not mean that you were fired for something you didn't do; it means that you were fired for a reason prohibited by law. 2.) The above answer, whatever it is, assumes that no legally binding contract or CBA expressly says otherwise. If it does, the terms of the contract apply.
  13. #13
    jojo1978 is offline Junior Member
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    I have already filed for unemployment and am seeking other positions, I merely wanted feedback on the situation.

    Thank you to all of you.
  14. #14
    pattytx is offline Senior Member
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    Quote Originally Posted by cbg View Post
    Ah, grasshopper, I've taught you well!
    Yes, ma'am, you have.
    ---------------------------------------------------------------------------------------------------------------------------------------------------------
    You have not won the law suit lottery; in fact, you haven't even won the law suit scratch-off.

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