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  1. #1
    Join Date
    Jan 2006
    Location
    Ocean City
    Posts
    2

    Default Employment and Health Benefits Issues

    I was recently employed as a salaried manager in a restaurant making $500/week plus medical benefits. I was terminated without any notice of any sort on January 6th, apparently because the owner gave the store back to his father, and his father wanted to make a clean start. I know for a fact that an employer has to maintain insurance on an employee for 30 days after termination. well, i suffer from epilepsy, and i have to visit the doctor frequently, and take a daily dose of tegretol. I went to pick up a prescription yesterday (Jan 28th), and i was told by the pharmacist that my insurance had been cancelled on December 31st. needless to say, I was pissed. My insurance was canceled before i had been fired, which seems to me to be pre-meditated. I had visited the doctor 2 weeks ago, and I guess i will be expecting a hefty bill now, since i apparently was not covered. I was not able to get my medicine, because I only had 10$ (my co-pay for the medicine). My question is, Is this legal? I was told that I may have grounds for a lawsuit against the former employer. Anyone have any ideas or help? PLEASE!

  2. #2
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Termination of Health Insurance Coverage

    Is your employer and the insurance plan covered by COBRA? You seem to be referencing that Act's requirement that you be granted the opportunity to continue your coverage within thirty days after the termination of your employment, which is different from being entitled to continued coverage for thirty days after the end of your employment. If you are entitled to continue your coverage under COBRA and you were not given the required notice and opportunity to do so, you may well have a valid claim in relation to the termination of your health benefits. There may be other laws or regulations which apply, perhaps depending upon the laws of your state.

  3. #3
    Join Date
    Jan 2006
    Location
    Ocean City
    Posts
    2

    Default no cobra

    no, he company does not have the cobra option. or at least they did not offer anything to me about it.... so i guess if that is the case, i am screwed, huh?

  4. #4
    Join Date
    Mar 2005
    Location
    Michigan
    Posts
    28,906

    Default

    The fact that they didn't offer you COBRA doesn't mean that you weren't eligible for COBRA benefits. (If you were, their failure to offer benefits could subject them to liability for your medical costs.) Also, if they terminated your benefits early, if you incurred costs which were denied by your insurance carrier between that date and the actual date they were permitted to terminate your benefits, you should have a claim in relation to those costs.

    If your employer had 20 or more employees, COBRA should apply. There may be a lower threshold for continuation under state law; but I'm not sure which "Ocean City" you are from - New Jersey, Maryland, or Washington. You may wish to check with your state's department of labor.

  5. #5
    Join Date
    Mar 2006
    Location
    maryland
    Posts
    4

    Default

    I would be interested to see the out come of this, are you taking leagal steps?

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