Legal Question in Employment Law in Pennsylvania

I was terminated due to restructuring and am 4 months pregnant

I will have no health insurance at the end of the month leaving me uninsured. Can an employer do this? Do I have any legal recourse?


Asked on 2/03/08, 1:20 pm

1 Answer from Attorneys

Roger Traversa Arjont Group (Law Office of Roger Traversa)

Re: I was terminated due to restructuring and am 4 months pregnant

You asked about termination and health insurance.

It depends on when you were terminated and why. If you were terminated because of your pregnancy (even if you think it possible) then that may be unlawful discrimination and your employer may be liable for rehire, back pay and other damages.

If it was just a general termination then your employer should be covered by the COBRA, ERISA and HIPAA laws. Both laws provide specific requirements for employers regarding coverage of employees losing health coverage for any reason. The most common is COBRA coverage where a covered employer must allow a terminated employee to "buy into" the employer's health plan at 102% of the scale insurance rate.

Speak with a lawyer about your situation. Your rights are very time sensitive and you need to take action immediately to preserve your rights.

Regards,

Roger

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Answered on 2/04/08, 12:10 am


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