Legal Question in Employment Law in California

Termination of benefits

I took time off work to undergo back surgery. The surgery wasn't successful & I will need a 2nd surgery.

After I had been off work 12 weeks, my employer sent me a letter saying my absence created a hardship on the department & they couldn't hold my job open for me. They also said they were terminating my medical, dental, and vision insurance.

I suspect this is being done in retalliation for a problem I had with my boss earlier this year. I had been ill & unable to drive to work.

My boss told me that when I was out sick, I still had to call in to work & help people get the work done. So, I worked from home for 2 weeks. My boss forced me to report that time as ''sick'' time, even though I had worked from home! I noted my hours worked, but claimed sick pay on my time card. Payroll saw these notes that said I was sick, but worked from home. Payroll contacted H.R. My boss was reprimanded and I was told that If I worked from home, I didn't have to claim sick time.

I'm worried that I won't get my surgery performed because I no longer have medical insurance. What recourse do I have to get my medical insurance re-instated?


Asked on 6/13/07, 7:17 pm

1 Answer from Attorneys

Terry A. Nelson Nelson & Lawless

Re: Termination of benefits

You have the right to COBRA conversion of medical insurance within 30 days of termination. Contact the company immediately if they have not provided you the paperwork.

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Answered on 6/13/07, 8:18 pm


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