Legal Question in Employment Law in California

Re: FMLA and medical insurance

I disagree with the post which says because your mom lost her insurance she has been terminated -- she may have just lost her insurance. The loss of insurance is probably not a violation of law -- the specific facts (the type of coverage provided; how much time your mom has lost from work, etc.) would have to be reviewed. The direction to your mother that she must return to work, or will be terminated appears to be illegal. Your mother should have a lawyer negotiating with the employer now, in order to protect her job. (She can always sue after the fact, but she may be able to save her job if she hires an attorney now.) I would refer you to [email protected] -- Janis is an employment attorney (in Berkeley) who has done extensive advocacy for cancer patients -- in regards to protecting their employment, and in legislative advocacy. My guess is that the employer is acting without the advice of an attorney -- and may change its position once contacted by an attorney on your mom's behalf.

Re: FMLA and medical insurance

It sounds like improper actions by the employer. She needs to immediately talk to an experienced attorney, who may be able to set the situation straight without having to file suit. She must keep the COBRA insurance in effect to pay the bills, and worry about getting that dealt with by the attorney as well. If interested, contact me to discuss the facts and issues. My practice has been specialized in employment law for almost 20 years.

Re: FMLA and medical insurance

You should retain counsel to review all circumstances. There may certainly be a violation by cutting off insurance.

Re: FMLA and medical insurance

The fact that your mother's insurance was canceled and that she can pick it up again under COBRA tells me that she has been terminated. This could very well be in violation of her rights under the FMLA, CRFA and DFEH. She needs to speak with an experienced employment law attorney quickly.

In any event, if she has been terminated, she will not want to let her medical insurance lapse under COBRA, even though it will be expensive, because the medical treatment she will likely require could be far more expensive without insurance. If she was wrongfully terminated, her attorney will seek to get all COBRA payments reimbursed by the offending employer.