Fired for medical benefits?

Question

My company recently let someone go. The reason they gave her was that her position was being eliminated. We are, however, currently interviewing candidates to fill her position.

She recently found out her son as liver disease and will be in and out of the hospital for awhile. She also found out that she has breast cancer. Both of these of course would affect the company's health insurance rates. As an IT person, the management had me compile reports of email, web usage, and phone calls, none of which turned up anything at all in violation of company policy. In short, she was a model employee.

My question is this - is this legal? I realize that we are all at will employees (Ohio), but are there not exceptions and actual wrongful terminations?

Answer 1

Do you want to continue to work for employers like that?

I would go to her and her lawyers and let her know what your were instructed to do by your employer, and provide proof. (Hopefully you have an email trail?)  

She can easily claim unlawful dismissal, and disparate treatment.  The hardest part is providing proof - which it sounds like you have. But, are you willing to stand up for her, and all future employees that may suffer the same fate.

I loathe companies that behave like that.  Best wishes to her and you.  

Answer 2

Ethically def NO not legal or very nice what a crappy company , sorry but that is terrible how could they do that to her and her son

If you know her well enough, I would call her and tell her to get an atty. asap, she could get back pay and her job back

make sure you make a copy of the ad for her job after she was fired

now adays, most jobs without a contract, say we are at will employees that they can fire you and you can leave when you want

but under these circumstances Please if you don't know her well

can you send her an email, or annoymonus phone message

something or tell a friend of a friend

That company should do what is right

I am so pissed right now...

Well that is about it. Good Luck and thanks for putting this question up, shows you care enough to ask only you can follow through

Answer 3

Well, she could file an EEOC claim against the company.

Answer 4

If she was terminated only b/c they knew she was going to cost to much in medical benefits, YES this is illegal!!! You should take notes, notify your friend, and let her get a lawyer. While they can fire her if she missed to much work. They cannot fire her just b/c they realized she was going to cost money. The person above is obviously uniformed b/c insurance prices do go up when lots of money is used by the employees of yoru company, unless it is state or federal type job. Most companies frequently change insurance companies for that very reason. Letting a new insurance company bid to get hopefully a lower price.

Answer 5

This is sadly all too common. *Technically*, yes, to fire someone solely because they would use health benefits or have a disease or disability IS illegal. But as you know, companies will never disclose that as the reason for letting someone go. It's always disguised under routine "layoffs" or "poor fit for the job" or any other number of politically correct and accepted reasons. And sometimes it's hard to prove the claim one way or another.

The sad fact is that unfortunately, there is little you can do. In the end, a company does have a right to fire someone if they "feel" like the person is not a "good fit" for the job. And that is a subjective opinion.

Sadly, many people with similar cases do get let go, and this happens often. This is why it is not uncommon for people to keep their health issues under wraps. Some even avoid/delay treatment to avoid losing their job (VERY bad).

In the end, there is REALLY little you can do. In a Utopia perfect world, you could sue for wrongful dismissal and discrimination. But the cost, time, and a slim hance of winning really wouldn't be worth it, especially since it would be awkward to work at a job that didn't want you in the first place. And someone with cancer has more important things to worry about.

*Assuming* this is a legit case, and she really IS a "model employee",she can call:

-The local Cancer Society to see if they have a legal advocacy program for cases like this.

-Human Relations

-The Labour and Human Rights Board (whatever this is called in the US)

-The media

-A lawyer

Personally, while I think it's a noble cause, I have to say that sometimes it's OK to admit defeat when the stakes are high and the payout low. I would see if she qualifies for some other type of (government) funding or healthcare.

Best of luck!

Answer 6

That stinks, but proving wrongful termination can be expensive.  This person should file a complaint with the Ohio Board of Labor.

Answer 7

one employee does not effect the companies rates in any way, that was just an uninformed statement by you.



you have no idea why this person was let go........you claim she was a model employee and you know that how? you have access to employee personnel files? if you do and have made this statement you are in violation and could be terminated.

yes discrimination is protected against and a complaint can be filed with the EEOC. that will be up to the employee to do not you. if the employee had legitimate health issues for herself or child she could have simply asked for leave under FMLA and the job would be protected, the leave is unpaid so it wouldn't cost the company anything to do that.

your whole scenario is full of holes and incomplete information.

i wish the woman and her son well and will pray for a complete recovery for both but legal action is not an issue here.

if she truly believes discrimination was involved a complaint can be filed with the EEOC at:

http://www.eeoc.gov

or

the states human rights commission (888-278-7101)http://crc.ohio.gov/disc_employment.htm

after they do their investigation if she does not agree with the outcome or resolution she can file a civil suit but the proper steps must be followed. first step is filing a complaint with the employer, then with the government then civil action.

EDIT:

group major medical insurance rates can not be adjusted due to useage of the policy but can only be adjusted for the entire group/class this is governed by the states department of insurance. allowing insurance carriers to adjust rates upward everytime an employee had an expensive claim defeats the whole concept of group coverage. rates can be increased by the carrier but only when they raise rates for all in the class and doing so for one employee's use of the policy is just a way to lose business, something insurance carriers try very hard not to do. the contracts for group policies generally address this very issue to ensure the rates for the company stay level on at least a yearly basis.

http://www.ohioinsurance.gov/ConsumServ/...