Legal Question in Employment Law in California
Termination of Insurance
My mother has been at her job for nearly 3 years now. Its a small company, maybe 20 employees in all. She was admitted into the hospital on June 23, 2007. At that time she was a full time employee and just received a raise. June 28th she went in for surgery and was diagnosed with stage 3 pancreatic cancer. June 30th, her place of employment canceled her insurance without notice. She has filed for disability and is awaiting a response. Can her job legally drop her coverage 2 days after surgery and not notify her? And by dropping her coverage, does that mean they also terminated her job?
3 Answers from Attorneys
Re: Termination of Insurance
While FMLA does not apply to a company of this size, this may be a case of disability discrimination, assuming the necessary information was provided to the employer that would cause them to terminate her insurance (and most probably her) due to the surgery and diagnosis.
These are going to be difficult times for your mother and the family, but you should consult with an experienced employment law attorney in your area, as soon as possible, to explore what options are available.
Re: Termination of Insurance
She can get extended coverage under COBRA provisions.
Re: Termination of Insurance
She has a right to notice of COBRA insurance coverage, to prevent loss of coverage. If not provided, the employer could be liable for her med expenses.
She may have a claim of discrimination.
Have her contact me to discuss her rights and remedies, asap. This has been a practice speciality for over 20 years.
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