Legal Question in Administrative Law in California

Can they do this? Cobra costs & dump after 12 weeks?

In 2001 I had to take 8 weeks FMLA for a personal illness and the company charged me full cost to continue my medical benefits. This year, I have been off on FMLA for exactly 12 weeks and they have again charged me full cost to continue my benefits during this period. Two days (prior to the expiriation of 12 weeks) my employer called and said they were going to fill my position even though my doctor expects to release me to full duty in 2 weeks. My employer stated that for the last 1.5 yrs I have been physically unreliable and he needed someone he could count on. If I am not reinstated in 2 weeks, what recourses do I have? Or should I stay on disability (my doctor would support that too). ? Thank you.


Asked on 11/20/02, 2:50 pm

1 Answer from Attorneys

David Diamond Diamond & Associates

Re: Can they do this? Cobra costs & dump after 12 weeks?

Unfortunalty this situation does not warrant a quick and easy answer. It seems as though you are in a very tough position. I can tell you that we have over 23 years of experience in dealing with these matters and do an extensive amount of discovery in order to get you the best possible results regarding your case. If you are interested in setting up a free consultation in order to discuss the details of your case and the possible options we have available to us, please feel free to contact the office toll free at 1-866-YOU-ARE-INNOCENT or directly at 310-277-1707.

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Answered on 11/21/02, 4:37 pm


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