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discrimination and more...

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M

MrsSmith

Guest
What is the name of your state? I live in NJ now but where I used to live and work was PA. After working almost 5 years at a terriffic paying job, I became pregnant. My employer terminated my employment approximately 3 weeks later after I notified him. He cancelled my health insurance 3 days after firing me. He is exempt from COBRA because he has 13 employees. He made up a lie and told everyone else that I quit. My problem in addition to that is I have my first doctors office bill and labwork bill in collections because it seems my group health insurance policy had an exclusion placed on it by my employers for any maternity related expenses.

The year previous to that, my employers had told me that my insurance premiums which were $240 where that expensive because I was of child bearing age. They also provided me with the insurance booklet wherein maternity coverage and coverage for children was included. I never knew that there was no maternity coverage because my employers never told me and when I did ask if it ever did get excluded, they told me that is illegal. So, I was lead to believe I was covered should that happen. The insurance representative told me he thought it was strange that there was no maternity coverage because they did offer it and because I was of that child-bearing age. I'm wondering if this is considered a breach of contract? It's one thing that he fired me - but I think because I had no maternity insurance that was his motivating factor to get rid of me now that I was pregnant. I know you dont provide legal advice I just wanted to know if someone was thinking like I was about it all. I'm already filing suit about the discrimination thing but I wanted to know if you had any thoughts about the "breach of contract" aspect of this. Thanks!
 


cbg

I'm a Northern Girl
You do not have a breach of contract claim. The elements of a contract were not present.

I agree that you have good cause to file a discrimination claim and that there may well be illegalities in terming the maternity coverage, but that will fall under the discrimination claim. Don't waste your time trying to find a breach of contract issue. It isn't there.
 
M

MrsSmith

Guest
Thanks! I wasnt sure if this breach of contract thing (suggested from the injury helpline people) was what it was called or not.. I was thinking it was just insurance fraud. That's why I asked. If you dont mind my asking, what would be the "elements" to make it a breach of contract?
 

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