Laid off after telling employer I was going on disability

In July of this year I took ill with a respiratory infection. I had been working on a helpdesk and had been working several weeks while suffering from this infection. Eventually the manager at the facility I was contracted to advised me to go home and seek medical assistance. I went to see my doctor and received treatment for my infection. My doctor provided me with the necessary forms to obtain Disability Benefits. Two days later I slipped at home and broke my hand and was forced into a cast extending my Disability need further. When I contacted my employer to advise them of the situation, they told me I was going to be laid off. Since I would not be able to return to work anytime in the near future they could not hold open my position for me. The real part of my complaint is that apparently they have also cancelled my medical insurance and did not provide me with Cobra information to insure myself and my family. Do I have any repercussions? Should I proceed to seek legal assistance and take my employer to court?


1 answer  |  asked Oct 9, 2001 6:01 PM [EST]  |  applies to California

Answers (1)

Janet M. Koehn
you may have a claim

if you are covered by fmla or cfra, you would have a claim against the company for terminating you while on leave, provided you can demonstrate that the alleged "layoff" was a pretext for terminating your employment in violation of your statutory rights.
regarding your cobra benefits, you should immediately contact the company's benefits administrator - in writing, not by phone - say you have not received your cobra information and demanding that your coverage be reinstated and extended until such time as you receive notice of your right to cobra benefits. copy your insurer. if that does not work, you will have another claim, including for noncovered medical expenses.
you really need the advice of an attorney experienced in employment law. if you are in southern california, please call me for a free telephone consultation.
janet koehn
805-658-0655

posted by Janet M. Koehn  |  Oct 9, 2001 6:44 PM [EST]

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