my DON called today and told me i lost my job - page 4
i have been off work for 3 weeks, off for 3 more at least due to a TAHBSO. I am now undergoing chemo. i turned in all my doctors notes (copies) and letters saying i need at least 6 weeks off.... Read More
Jan 20, '07Quote from rehab nurseBeing a small employer, their insurance benefits are probably self-funded, which makes your case against them an even stronger one.yes, my employer is a small one. about 150 employees. and they only paid about 10% of MY insurance, and i covered the rest of the premiums for my family. my premiums were about 300 every two weeks for health insurance, and 50 every 2 weeks for vision/dental. i was planning on leaving this place anyway after i passed my boards.
and yes, i already wrote my state and federal legislators, as did my Mom. I cringe to see what my COBRA payments will be.
I'll fight, don't you worry. and yes, this DON is evil. when she told me she needed my medical records, i not so nicely told her she wouldn't be getting them and why. i think she just thinks i am stupid or something. she already had hospital papers, discharge papers, and two doctors certifications that i needed X amount of time off work.
And as for your former DON, she is in serious violation of HIPPA for even asking for your medical records. Whoever is the third-party administrator for your benefit plans and your HR person should have access to these documents...providing they have signed the proper release forms. I would not give her the time of day!
Jan 20, '07Do see a lawyer, this sounds like harrassment to me. Life happens to us all, and you certainly have had your share of problems for awhile. I would contact the physicians and let them know that NO information, NONE is to be discussed with this DON. I would contact the Amer. Cancer Society, United Fund, and try to get information on the new reduced or free med program that Montel is spokesperson for. I do think your kids and you could qualify for assistance from the state too. Good luck, I hope your health issues improve soon. Keep us posted.
Jan 20, '07If you are paying most of your premiums then your COBRA rates wont be much higher than they already are.
I think you can file for Short term disability and get that covered. I would definately contact the state labor board and anyone else who will listen.
I hope you have a speedy recovery!
Jan 20, '07This may or may not be a case of unlawful termination. FMLA only covers so much time per year. I know it's not open ended. In either case, you need to hire a labor law attorney to look into this more closely. In the meantime, I wouldn't wait on anything coming in right away. Maybe you can pick up enough casual employment to pay your immediate expenses and COBRA payments and give you enough time off to get your treatments while your lawyer looks into your situation in depth.
This seems so cruel. I do hope this problem finds a solution and soon.
Jan 20, '07I work in Mi too. My daughter has uncontrolled Asthma and I received a call at work one day that she was sick. I told my manager I had to lease ASAP. I was questioned by her for what seemed like forever and reported off and left. She called the next day to make sure I brought in a doctors slip- where else would I have went? She tried to have me suspended- I got FMLA and she couldn't touch me. I later quit and have a much more understanding manager.
Jan 20, '07I'm no expert but I don't think your insurance company can stop paying for Tx, etc for a condition that started while you were insured.
Jan 20, '07Here's something I don't get: What's the point of HAVING insurance if you can be dropped the minute you need it? Isn't insurance supposed to INSURE you in case anything bad does happen?
Jan 20, '07Quote from CseMgr1Yep. "One call, that's all", as a local lawyer here advertises on T.V.
America....home of the brave...and the uninsured.
This makes me sick. I hope you get the justice which you are due. Keep us posted.
As a former paralegal I not advise calling some lawyer who advertises on tv "one call, that's all" or anything else. I would call your local (county)
Bar Association and ask for recommendations as to a local attorney who handles that type of case.
I know this is off topic but I can't stand those lawyers that keep advertising to sue, sue, sue over everything imaginable, antidepressants, Vioxx, was your child born with CP? it may have been your doctor's fault. It drives me nuts.
Anyway, I'm sorry to hear you're dealing with all this, you're really getting the shaft here. I'll be sure to say a prayrer for you.
Jan 20, '07Quote from ChayaNAgain, it is not the insurance company that is dropping the OP. It is her employer.Here's something I don't get: What's the point of HAVING insurance if you can be dropped the minute you need it? Isn't insurance supposed to INSURE you in case anything bad does happen?
I hate to defend insurance companies, but in this case, the insurer is getting an undeserved bad rap. It is the employer that is pulling the rug out from under rehab nurse. But terminating her employment does not equal terminating insurance coverage. By federal law, employees who terminate employment for reasons other than willful misconduct must be offered the option of continuing benefits under COBRA. COBRA insurance coverage is expensive because the employee must pay the entire premium him/herself. The employer is no longer contributing their portion of the premium. But in all fairness, the insurance company can't be expected to provide coverage to anyone unless the full premium is paid. As another poster pointed out, the premium may not increase much if rehab nurse's employer paid only a small portion of it up till now.
Jan 20, '07I don't think you can file for short term disability once you've been terminated.
OP really needs to get the advice of an atty.
Jan 21, '07I hear ya as regards attorneys. Those are the ones giving the profession a bad name -and I have an inate dislike of attorneys -but this isn't the place for this topic. Here in Florida we have one ambulance chaser who uses the slogan: "For The People!" -makes me ill just thinking about it.
Likewise it gives me a bad taste in the mouth to defend insurance companies, but as was said, the insurance company has nothing to do with the current situation -her employers are screwing her over on this. It was great advice to make sure the lawyer you hire is one who handles this kind of law -their field is as diverse (if not more so) as ours, and you want to make sure the attorney handles labor law cases -you generally only get one crack at this kind of thing, make it a good one.
You MIGHT find (especially if this facility isn't a large one) that once you retain legal help, your boses will start acting a bit more civil, and will back down. Oftentimes just a note from the attorney on their own letterhead is enough to get "wrongs" "righted" -especially if they are on shaky ground (legally) to begin with. Don't underestimate the power of the Disabilities act and laws, either. These places (especially hospitals) do NOT want to get embroiled in that kind of thing -they rarely ever win.
My point is, get as much going in your favor as you possibly can -believe me they will start whistling a different tune -they don't need the grief, and probably expect (and depend on) you to just roll over and give up. Don't be that person. After all, in your situation, you really have little to lose, and much to gain.