Legal Question in Employment Law in California
I got disabled and my employer terminated my health insurance without notice. Then I received the cobra payment form and have made 2 payments and my insurance still hasn't been activated what can I do?
1 Answer from Attorneys
It is not clear from your question whether just your health insurance was terminated or you were also fired from your job. Under some circumstances, an employer may not terminate an employee�s health insurance when the employee becomes disabled. For example, if you took a medical leave under the FMLA, you would be entitled to continue to participate in a group health insurance plan on the same basis as active employees.
Assuming you were fired, it is also not clear from your question whether you believe you were fired BECAUSE you became disabled. While it is not always unlawful to terminate an employee because he/she is disabled, such as when the employer is no longer able to perform the essential functions of the position with or without accommodations or the employee has taken a medical leave that is indefinite or that imposes an undue hardship on the employer, an employer cannot simply fire an employee because he/she has a disability. Rather, the employer is obligated to have a conversation with the employee to try to determine what reasonable ways the job can be modified so the employee can return to work and/or transfer the employee to an open and comparable position in the company that the employee can perform with or without accommodations.
If you believe your employer fired you simply because you became disabled, you need to speak to an employment attorney to evaluate your rights. Please feel free to give our office a call at (213) 536-4236.