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tdarling7

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Everything posted by tdarling7

  1. FMLA does not apply here but the timing from requesting the time off to the cancellation of insurance is what I am concerned about.
  2. Yes I do have a work comp attorney. My hours are reduced from 70 hours a week to 0-8 hours a week because of the work comp injury. I am still employed as my told me that my cobra being marked "termination of employment" was a mistake. My attorney has put a request in for a settlement just two weeks before all of this began. My employer is self insured so I am sure that when I told them I was having surgery for personal reason that they decided they did not want to pay for that. Hence the reason they cancelled my insurance as fast as humanly possible. My work comp attorney has not answered my question as to if this is something he covers or if I need to find another attorney that specializes is this situation.
  3. After working for my new employer in Michigan for three months I suffered a serious injury at work. I had worked their long enough to have just started on their health insurance plan. For the next 9 months I have been working one to two days a week as they were able to find work that fit my restrictions. During that time my employer had paid my health insurance premiums because I could not afford to pay them with the decreased wages I was receiving. A time came that I had to request time off for a surgery for personal reasons. Less than 24 hours of putting in my request (requested 1/22/2015 cancelled effective 1/23/2015) my employer cancelled my health insurance and offered me COBRA. When I got the cobra paperwork in the mail it said that I was being offered cobra because of "termination of employment". I questioned my employer about the reasoning for cobra and they stated that it was a mistake. They said that I was being offered cobra because my insurance was just simply cancelled. I questioned them about qualifying events, I said I thought the only way to be offered cobra was "termination of employment" or "reduction in hours worked" they said that it is also when insurance is simply cancelled. Can anybody advise me if my employers course of action against me is legal?
  4. After working for my new employer in Michigan for three months I suffered a serious injury at work. I had worked their long enough to have just started on their health insurance plan. For the next 9 months I have been working one to two days a week as they were able to find work that fit my restrictions. During that time my employer had paid my health insurance premiums because I could not afford to pay them with the decreased wages I was receiving. A time came that I had to request time off for a surgery for personal reasons. Less than 24 hours of putting in my request (requested 1/22/2015 cancelled effective 1/23/2015) my employer cancelled my health insurance and offered me COBRA. When I got the cobra paperwork in the mail it said that I was being offered cobra because of "termination of employment". I questioned my employer about the reasoning for cobra and they stated that it was a mistake. They said that I was being offered cobra because my insurance was just simply cancelled. I questioned them about qualifying events, I said I thought the only way to be offered cobra was "termination of employment" or "reduction in hours worked" they said that it is also when insurance is simply cancelled. Can anybody advise me if my employers course of action against me is legal?
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