Legal Question in Employment Law in Indiana

documents

My husband was diagnosed with small cell lung cancer in nov 2003. when we called to where he worked to find out what we we needed to do concerning his illness and requesting a new copy of the employee handbook because we could not locate his orignal we were told that they would get back in touch with us they were called on nov.8th 2003 with a follow up letter sent to them. my husband was very ill so we were gone for long periods of time to different hospitals. he passed away in oct 2004 since that time i have found out that he would have qualified for some benefits in the employee handbook that we requested. they laid my husband off 3 days after we asked for these documents. since my husband death i have sent 2 certified letters asking for them. the first certified letter they sent back a answer from the CFO stating that he did not have any benefits due and that he was laid off in 2002 this was impossible seeing as how my husband was going thru a workman comp. settlement from an injury recieved at at work in sept 2003. i am still trying to obtain these documents and it has been over a year and half i read that i have 2 years from the time that he was laid off in nov.2005 it will be up. what can be done about this


Asked on 4/15/05, 12:51 am

1 Answer from Attorneys
Andrew Dutkanych Biesecker & Dutkanych

Re: documents

Based on the limited facts provided, you may have a claim against the employer or benefit plan under the Employee Retirement Income Security Act. You should contact an attorney to more fully investigate your rights under this act. If you would like to speak in more detail about this matter, please feel free to contact me at (812) 424-1002.

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Answered on 4/18/05, 11:32 am


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