Legal Question in Employment Law in California
Termination of benefits
I took time off work to undergo back surgery. The surgery wasn't successful & I will need a 2nd surgery.
After I had been off work 12 weeks, my employer sent me a letter saying my absence created a hardship on the department & they couldn't hold my job open for me. They also said they were terminating my medical, dental, and vision insurance.
I suspect this is being done in retalliation for a problem I had with my boss earlier this year. I had been ill & unable to drive to work.
My boss told me that when I was out sick, I still had to call in to work & help people get the work done. So, I worked from home for 2 weeks. My boss forced me to report that time as ''sick'' time, even though I had worked from home! I noted my hours worked, but claimed sick pay on my time card. Payroll saw these notes that said I was sick, but worked from home. Payroll contacted H.R. My boss was reprimanded and I was told that If I worked from home, I didn't have to claim sick time.
I'm worried that I won't get my surgery performed because I no longer have medical insurance. What recourse do I have to get my medical insurance re-instated?
1 Answer from Attorneys
Re: Termination of benefits
You have the right to COBRA conversion of medical insurance within 30 days of termination. Contact the company immediately if they have not provided you the paperwork.