Re: OT: Off topic: Need to know about being fired due to surgery

[Guest guest]

> Lynn,

>

> Tell her to get in touch with the EEOC as well as an employment

> lawyer to see what this they say. This sounds like a case of

> wrongful termination.

>

> Kristy

>

Thanks Kristy! I'll do that right now.

Lynn

[Guest guest]

She should read her insurance policy. Sometimes if you have a procedure

scheduled or pending the insurance company will cover it.

Also she can keep her insurance by utilizing COBRA. It will keep insurance in

force for two years after loss of employment. But she will have to pay for it.

It might cost more than her old insurance.

But she will have insurance.

Also she might be covered under that pre-existing auto policy which I presume

covered her for her other surgery for the same thing.

Ora

>My sister just called extremely upset. A job she got over 8 months

>ago has fired her. Things were fine until she told them she had to

>have a major surgery in the next month. She told them last week.

>Since then, they have been treating her differently and today they

>called her in and said " it's not working out, we're letting you go as

>of now " .

>

>Can they do that? I thought they would have to have documented

>problems in her file. Should she fight it?

>

>Now she can't have the surgery unless it's in the next 27 days

>because she loses her insurance as well.

>

>She has a stomach wall hernia from bellybutton to sternum (about 5 "

>long) due to a car accident several years ago. Seatbelt caused. It

>was repared once but has returned. The surgery will require a 5 day

>hospital stay and then another week of " bed rest " so it would not re-

>open. Her employer did not like that she would be gone so long.

>

>Thanks all...sorry this is off topic.

>

>Lynn

>

[Guest guest]

First, I know firsthand that you are entitled to look at your personnel

file (supervised, of course) when you are discharged. Call the HR

person or whoever is in charge of your personnel file. Some offices are

so small that the supervisor handles it all and there is not HR person.

Take a pencil and a pad of paper and pay the company for any copies you

need to make of ANY detrimental issues in your file. Make receipts with

your handy little pad of paper and have whoever is supervising her sign

off on the receipt, WITH A DATE. Have whoever is supervising your

review of the file sign a receipt that you write on your handy dandy

little pad that you reviewed the file and took copies of all of it, some

of it, none of it (whatever the case may be). If you can, copy it all.

If she doesn't have one at home, don't leave this file review without a

copy of the CURRENT PERSONNEL POLICY, which should state the terms for

dismissal - among other important things. This can prove to be

invaluable (I know, I was let go while on disability for my back and it

was an illegal dismissal. I was able to get quite a bit of money and

benefits as a result of the illegal dismissal.)

Next - call immediately to personnel or whoever is in charge of benefits

and make an appointment to go NOW and get the necessary paperwork for

COBRA coverage, which she cannot be denied (Under Federal Law) if she

had been working the required number of hours to qualify for and has

been (during her term with this company) covered by health insurance.

Even if she only pays for the COBRA for the next two months (to cover

the time frame of the operation) that's cheaper than having to pay for

the surgery and the hospital stay out of pocket. COBRA generally runs

about $300 to $500 a month depending on whether her coverage is PPO or

HMO. She should get the paperwork and file for COBRA at once - though

I think Federal Law gives 30 or 60 days from separation to make up your

mind about the coverage.

Get a lawyer. Have all your documents ready for him/her to review.

OT: Off topic: Need to know about being fired due to

surgery

My sister just called extremely upset. A job she got over 8 months

ago has fired her. Things were fine until she told them she had to

have a major surgery in the next month. She told them last week.

Since then, they have been treating her differently and today they

called her in and said " it's not working out, we're letting you go as

of now " .

Can they do that? I thought they would have to have documented

problems in her file. Should she fight it?

Now she can't have the surgery unless it's in the next 27 days

because she loses her insurance as well.

She has a stomach wall hernia from bellybutton to sternum (about 5 "

long) due to a car accident several years ago. Seatbelt caused. It

was repared once but has returned. The surgery will require a 5 day

hospital stay and then another week of " bed rest " so it would not re-

open. Her employer did not like that she would be gone so long.

Thanks all...sorry this is off topic.

Lynn

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[Guest guest]

Thanks Dusty and everyone else who helped me with this information.

I have put it together and sent it to my sister.

Lynn