my husband injured his ankle while coaching a youth football team. this happened on his day off but the break require surgery and he has needed more time off. he called his work that night and informed them and after the surgery and speaking with his dr got a note saying how long he would be out for. well i recently had a baby and when we got back from the hospital billing called to say that our insurance was terminated the 3nov. but they are paying for things that happened on the 13nov. his work seemed fine with the leave and never called or mentioned anything about being fired now we are being giving the run around and no one has answers or informed us him being fired.
can they fire you and not tell you they have???
2007-12-18 06:51:54 · 6 answers · asked by Anonymous in Politics & Government ➔ Law & Ethics
We live in California, No it;s december and we have NOT received any notice of our insurance being canceled or any kind of notice regarding such matter. Also, NO ONE called me, or send me any kind of notice saying i was terminated.
2007-12-18 07:32:11 · update #1
I was a full time employee through a hiring agency
2007-12-18 07:38:00 · update #2
Depends on your state.... some states are "Right to work" states and some are not... Different states have different laws regarding termination.
Consult a lawyer
2007-12-18 06:56:01 · answer #1 · answered by jskmarden 4 · 0⤊ 1⤋
Employment law is state law, so not sure about the notice requirement. Generally, they would let you know on the job, so there is no such issue. However, if he is on leave after getting injured on a job and get fired, he may have fallen into being "disabled" and be protected by certain law such as the Federal Medical Leave Act or some state laws also.
I am speaking as if he is a full time employee. The issue get even more complicated if he is an independent contractor. You should talk with the HR about the benefit first since that is the most important issue right now. Make sure you figure out if he really is fired at this point. If that fails, you can try LegalAid and a Local Lawyer Referral Service.
2007-12-18 15:03:42 · answer #2 · answered by Andy 4 · 0⤊ 0⤋
Honestly, you may just have a reason for complaint since he was injured and under physician care at the time of termination. Most states are right to work states but also there are laws protecting people from being fired right before they may need disability benefits or what have you. Call your labor board and ask them. In my experience I see many companies in right to work states skeptical about firing someone who is injured for legal reasons.
2007-12-18 15:21:17 · answer #3 · answered by withluv7 3 · 0⤊ 0⤋
they actually have to send him a notice of separation--if they didn't, he can file for unemployment. the reason the insurance is paying for stuff that happened on nov 13th is because when you pay for insurance--you are usually paying in advance by 2-4 weeks. the insurance company has to send you written notice that you are removed from the insurance and if the insurance is through the employer--they have to offer Cobra coverage--which is very expensive, but covers anything that was being covered when he got fired. good luck
2007-12-18 15:09:39 · answer #4 · answered by s and d e 7 · 0⤊ 0⤋
Labor laws depend on state. Some benefits depend on meeting hour requirements each month. He may have lost benefits because he was not meeting the hours requirements. He should start by calling his HR department or supervisor.
2007-12-18 14:56:27 · answer #5 · answered by davidmi711 7 · 2⤊ 0⤋
dpends on papers he signed because i just got a job and they made me sign a paper where i can walk off the job just quit no questions asked and no notice given and they can fire me with out giving me a reason.
2007-12-18 14:59:51 · answer #6 · answered by Anonymous · 1⤊ 0⤋