Fired Because of Insurance Claims?

• By Artemis
• Posted October 22, 2009 at 6:16 am
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This is so sad. Did they give a reason for firing him? I have "at will" employment, but they would not fire me because of my cancer!

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• By kathym
• Posted October 22, 2009 at 9:06 am
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I would talk to a lawyer about this. I believe that employers are not allowed to use cost of claims as a criteria even in a right to work state. HIPPA laws prohibit that and create privacy protection even for employees. I don't remember enough details to be really specific but you should follow up on this. I would find a lawyer that did employment law and your first visit would likely be free. I think that most states have a provision that the employer would have to pay the legal fees if you win. Some of the rules will change depending upon the size of the employer and which state you live in.

Even if you have no options in getting the job back, you will have COBRA rights that will allow you to keep your insurance for 18 months at least. If you are on disability I think you can keep it for 36 months. A new law enacted cut cobra costs by 65 % if you qualify.

I am sorry that this happened to your family at such a tough time. I will pary for strength for you all.

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• By tyke2you
• Posted October 22, 2009 at 9:59 am
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Hi ladies;

FIRST, I forgot this IMPORTANT detail. When he was called in to be fired, before they said anything to him he told the supervisor "I need to take family leave."

Then they told him he wouldn't need to because he was fired "last week". He was off Friday (his regular day off) and they didn't call him then, but waited until after he had been on the job 2 hours.

Yes, they did give him a reason. He worked in the oil fields and drove a work truck to the leases to work on them. He ate his lunch in the truck at the leases. All the trucks are on GPS. They pulled his report and said he was at a well too long and accused him of sleeping. No one saw him sleeping, (he wasn't) and other than being at the well "too long" there is nothing else he has done wrong. He has been a reliable worker, alwas on time, perfect safety record. His only "wrong" was taking earned days off to take me for surgery and treatment. OF COURSE they did not tell him they were firing him because of my insurance claims, it is just coincidence?

I have been on disability for many years already, I wonder if because it is a spouse cobra would be reduced the 65% .

We've been calling HR since Monday leaving messages, but can't even get them to call us with his earnings so we can file for unemployment. They are a BIG company so someone should at least be able to do that.

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• By gpawelski
• Posted October 22, 2009 at 10:05 am
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Private insurance companies need to be profitable. They have a fiduciary responsibility to maximize profit for shareholders. The reason we generally like the private market system is that the profit incentive spurs useful innovations. But in some markets (like health care) that's not the case. Are we really sure we want a bustling market in how (relying primarily on risk selection and underwriting to avoid unhealthy members) to cleverly revoke the insurance of people who prove to be sickly?

America has granted private insurance companies the right to create bottlenecks in the financing of health care in order to extract profits out of the suffering of ordinary people, without providing any actual health care whatsoever. As a rule, the profit motive and free enterprise are hard to beat when it comes to systems for allocating resources in a free society, but some institutions like churches, education and healthcare are and should be exceptions to that rule.

America desperately needs health care reform, including the public option.

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• By Lemona
• Posted October 22, 2009 at 10:43 am
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I agree with KathyM - you definitely need to see an employment law attorney. You should also contact EEOC.gov (Equal Employment Opportunity Commission). Tell them what happened and they can advise you. Even if he took a long lunch one time, that's not deserving of being fired. Your husband is the one collecting COBRA and it should automatically be reduced by 65%. It is the responsibility of the HR department to advise him of his monthly payment.

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• By Lemona
• Posted October 22, 2009 at 10:45 am
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By the way, the 65% reduction in COBRA is for 9 months only.

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• By CaraPolicy
• Posted October 22, 2009 at 11:17 am
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Definitely check out the EEOC (http://www.eeoc.gov/) and the Department of Labor (http://www.dol.gov/oasam/programs/crc/) and also check in with your state's Attorney General/Consumer Protection office. Also, if you've been on disability, you may qualify for Medicare - you should look into that...

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• By MiDolcheVida
• Posted October 23, 2009 at 11:03 am
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Ditto on Kathym 's reply. So so important to consult with an employment law atty - you may have to find the right one that is willing to listen and hopefully, guide & aide you here.

Also, file a compliant/grievance with your State employment / labor dept. Grievance the termination anyway you can and try to get the advice of an atty that specializing in this are.

File for unemployment immediately. Be sure you get your cobra for the full 36 months. Call your Cobra carrier and let them know you have a disability ("C") - do not rely on your employer's HR dept. to inform them - they are sure fail in this area - especially if you claim they fired you because of the disability/medical condition & claims.

Expose your employer - call your local t.v. station and/or newspaper - tell them your story. They should not get a way with this. Shame on them.

I'm very sorry to hear this has happend to you.

Good luck to you.

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• By Artemis
• Posted October 23, 2009 at 11:54 am
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Can you apply for Social Security disability? After two years you can get Medicare. I would at least start that process!

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• By Dot
• Posted October 23, 2009 at 5:02 pm
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As others suggested, I strongly recommend that you consult at attorney who specializes in employment issues. Good luck!

Joan

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