Terminated and lost health insurance while under doctor's care

[ksw63]

What is the name of your state?What is the name of your state? Indiana
I was recently in a rear-end MVA (I was rear-ended) which resulted in back injuries, I have been under a doctor's care continuously and have called into work and reported my status as required by the company. The company is large enough to be required to have FMLA and also has disability health benefits that I was eligilbe to receive but before I had a chance to request either I was terminated and my group health insurance plan was also. Do I have a chance to win a legal suit?

 

[Beth3]

1. Why exactly were you terminated?

2. How long had you worked there when the accident occurred?

3. Did they extend any leave time to you after the accident? If so, how much?

 

[cbg]

Contrary to popular belief, it is NOT illegal to term someone while they are under a doctor's care; nor is it illegal to term someone while they are on medical disabilty leave. It is only illegal to terminate someone before they have exhausted any state or Federally mandated medical leave, and even then they are not protected from a termination that would have happened anyway (i.e. if corporate headquarters decides to close the entire division while you are on FMLA, you don't get to keep your job while the entire rest of the division gets laid off; you get laid off right along with them).

You will need to answer Beth's questions, as well as whether or not you were a full time or a part time employee (if part time, how many hours a week did you work) for anyone to tell you what, if any, options you have.

 

[ksw63]

reply to Beth's questions

I was terminated because of points accumulated against their attendance policy, I was hired in March of 2004, the problems started and I went to the doctor about 1.5 weeks after the accident (which was on July 13, 2005) and within 1.5 to 2 weeks was fired. I have a doctors note stating that I had to be off of work past the date I was fired on.

I was a full time employee working atleast 40 hrs/week

Thanks for any help you can give

 

[Beth3]

If your employer was aware that you suffered a "serious health condition" as a result of the car accident, then they are obligated to extend FMLA to you for your absences. They can require that you and your doctor complete FMLA certification paperwork but they have to give you 15 days to do so.

I probably don't have all the facts but based on what you shared, it sure looks to me like a violation of the FMLA took place. I suggest you contact the federal Department of Labor to discuss your situation and determine whether you wish to file a complaint. 202-693-4650