After informing my employer I had cancer, I was terminated. What recourse do I have?

Question

I suspect that it was because my employer's health insurance plan did not want to pay expenses. They stated that it was a pre-existing condition...and it was difficult trying to get them to pay for any doctor's services.

Answer 1

Employers are usually very carefull about terminating employees wrongfully. You could contact your state's labor board to see if they could tell you if you have any recourse. If you have any documentation as to why you were terminated and documentation of a timeline of when (and who) you informed at your employer of your cancer and the date of your notification of termination, that would help your case.

If you were within your probationary period, however, it would be easier (legally) to terminate you.

In regards to pre-existing, if you had group coverage through a previous employer and the gap in coverage from your old employer (the one before the one that just terminated you) to the one that just terminated you was less than 63 days, they could not exclude any pre-existing condtions. It gets complicated after that and I would need more info about your situation.

Here is a link that may answer some of your questions about COBRA:

http://www.dol.gov/ebsa/faqs/faq_consume...

Here is a link that may answer some of your questions about pre-existing and HIPAA regulations:

http://www.dol.gov/ebsa/faqs/faq_consume...

Answer 2

You'll have to get a lawyer and review your options.  If it wasn't required for you to get a medical checkup before getting insurance, the pre-existing argument is bogus.  Check with the Fair Employment Administration in your State.  They might have some information.

They're betting on you not doing anything because of your health issues. It's up to you to prove them wrong.

Answer 3

you were terminted? do you mean your contract was terminated?

Answer 4

Absolutely seek legal advise. You have enough to deal with. Go over your company's policies and talk to an attorney. Don't wait, make some calls immediately. I wish you the best. But don't let them get away with that.

Answer 5

get a lawyer