This morning at the end of my regularly scheduled shift, 10:45 pm to 6:45 am, there was a meeting about new health insurance at my work.
The company rep passed out a questionaire about medical history.
One section asked if, and I quote, "Over the last 3 years have you or your dependents been treated for a major illness", then it listed some health issues as examples. There were three on the list that pertained to my spouse and myself. At the end of the question it said something to the effect that if we had incurred claims of over $5000.00 in that time we had to list them. Well that also pertained to me.
I informed the company rep that I had items that should be listed in this section.
The company representative, HR person, informed us that the insurance company was going to use these forms to set our companies rates. She came just short of asking me to lie on this form.
When I came to work tonight I recieved a lay-off notice. Coincidence, I don't know.
2007-03-16 13:15:43 · 9 answers · asked by smoothie 5 in Business & Finance ➔ Careers & Employment
Nothing sounds illegal. If you are legally disabled you could claim discrimination, but "health issues" are not legally disabilities.
2007-03-16 13:40:15 · answer #1 · answered by Anonymous · 1⤊ 0⤋
There is not enough information here. Who passed out the questionnaire? HR or the insurance company? How many other people were impacted by the layoff? How long were you with the company? How were your performance reviews? Was a reason given for the layoff? Did you receive any severance payment in exchange for signing a release?
Even with at-will employment, you are potentially protected if you are in a protected-class (over 40, minority, etc).
You may want to start by calling HR and asking for more information. If that goes nowhere, start at the State level before you get a lawyer. In California it is DFEH, but every state has some employee-rights agency. There is also EEOC at the Federal level. They will conduct an investigation on your behalf. You can try a lawyer, but most lawyers who take this type of case are not very good - be careful.
2007-03-16 14:30:01 · answer #2 · answered by Adam G 3 · 0⤊ 0⤋
Depending on the company and the state in which they operate, many employers will put in an "at-will" clause, which means the company, or you, can terminate the work relationship for any reason. This can be challenged if the company broke a law due to sexual harrassment, discrimination, etc.
I would suggest writing down the events that occured in detail, checking your employment paperwork to see if you're employed "at-will", and seeking out a legal opinion to determine if you have any legal recourse. If it were me, I would try and avoid signing anything the company gave me while I sought legal advice.
2007-03-16 13:52:26 · answer #3 · answered by MKai 2 · 0⤊ 0⤋
Some ?s to ask yourself. 1. Did other ppl get laidoff also. 2 If so talk to them see what they put on the insurance papers. 3 If not were you low man or the seniority list. 4. Can they say & prove they are doing away with you job. Good Luck
2007-03-16 13:29:28 · answer #4 · answered by chubyshady_plays_the_cards 3 · 0⤊ 0⤋
If what you listed does not qualify as a disability, then you are not protected. You can bet they have all their ducks in a row for the reason for your layoff, and not lying on your health insurance form will not be one of them.
2007-03-16 13:25:36 · answer #5 · answered by Brian G 6 · 0⤊ 0⤋
I think you should talk to a lawyer, seems kinda strange to me, did anyone else get layed off? If there were more people that got layed off find out if they had medical issues too, if they did you may be on to something, if you were the only one to get layed off that is f'd up. Get a lawyer Good luck
2007-03-16 13:27:40 · answer #6 · answered by imalwysrite 4 · 0⤊ 0⤋
Go in Monday, shoot up the place, and tell them to put it on their own form for insurance.
Haha, kidding. Don't do that. But I'd suggest some follow up calls to see what the reason for them to do so is. If you can draw unemployment from them it might not be that bad afterall.
2007-03-16 13:24:36 · answer #7 · answered by Anonymous · 0⤊ 1⤋
what state do you live in ? many states have 'at will' laws, where they can fire you for a good reason, a bad reason, or no reason.
remember, information is a commodity, and do not volunteer any you do not have to...you can always forget...but try very hard not to lie on applications...as this is grounds for dismissal.
2007-03-16 13:28:36 · answer #8 · answered by Anonymous · 0⤊ 0⤋
You should have lied dude.
I doubt there is any way you could prove in court that they retaliated against you....
just have to file for unemployment, and look for a new job
2007-03-16 13:21:11 · answer #9 · answered by Anonymous · 0⤊ 0⤋