Employer canceled my ins after I quit and requested time for surgery?

Question

I quit my employer last year on June 28 2007 and resigned.

I gave them 30 days notice to Aug 3, 2007.

July 2, 2007 I requested 2 sick days for prostate surgery on July 16. I had 10 acrued sick days.

July 12, I was terminated early and told I could leave because of my notice and that I would be paid to Aug 3, 2007, full benefits.

SVP of HR canceled my ins on July 12 as well when I was terminated, so that it would hurt me and I would have to pay for the prostate surgery procedure out of my pocket.

I was paid on the regular payroll on July 15 and Aug 1 and the employer, bank, withheld the money for health ins. that they canceled on July 12.

I was a bank pres there and when anyone else quit, they had ins to the end of the month, of the month that they resigned. I feel that they SVP of HR really tried to s***w me big time. And she had just survived brest cancer.

What legal recourse do I have now. I have filed suit.

Answer 1

What legal recourse do I have now. I have filed suit.???

YOU FILED SUIT... THAT'S YOUR LEGAL RECOURSE!!! Duuuuhhhhhhh!!!!!!!!!!!!!

Answer 2

You have already done, the proper recourse.  Sue for damages.

Good Luck.

Answer 3

Now that you've filed suit, you can't do anything else.   Everything will have to be on hold until the suit is settled.  You can't work things out with either the employer, or their insurer, now.  It's ALL up to your lawyer.

Answer 4

Did your employer offer you Cobra?  Can they show proof that they offered you Cobra - either a certified mailing receipt, proof of mailing, or your signature declining benefits?  

Did your employer have an employee handbook that outlined how the insurance was processed?  

If they didn't offer you Cobra and you were eligible for it, then your employer is in for a rude awakening on Cobra law.  The fines and penalties are steep.  

A person is not eligible for Cobra benefits if they were terminated due to illegal activity.  So, by law Cobra can not be offered in that situation.

Answer 5

Sounds like she did it to ya good. My understanding from working in HR is, you have insurance for 30 days after the date you leave. But they terminated you because you put in your notice. They legally can terminate you according to our labor dept. after you put in your notice of intent to leave. Unfortunately we are an "at will" state. The dates and time line is a bit confusing the way you have it.  I believe it does vary but in our state (GA) you do have that 30 days if you take a leave of absence, no matter how long it is. You could have picked up Cobra from that point when your insurance was finished.

You have done the right thing by filing suit...your attorney could have answered this for you.