Prayers please

Prayers please

I’d like to impose on you, my readers, for your prayers please. My mom was fired from her job at a major health insurance company today, because, I believe, she was about to go out on medical leave on Friday. She was told the reason was that she made four mistakes entering claim forms since February. That’s four mistakes out of thousands of forms.

I’m sure this is a clear case of age and disability discrimination. Now my mom won’t be able to go ahead with a surgery that was scheduled for Friday because she is losing her health insurance. She will have to continue to suffer excrutiating pain because of the disability that was to be corrected in the operation.

Please pray for me too, because I need to deal with my anger over this.

Written by
Domenico Bettinelli
5 comments
  • Your mom should contact an employment lawyer yesterday and also contact the state unemployment office.  Start keeping detailed notes of any medical complications or costs associated with delaying the operation. She is entitled to COBRA health benefits unless she was fired for GROSS negilence. Being incompetent (even if it were true) is not gross negligence. Under COBRA she would have to pay the group rate. She would be able to do this for a fixed period of time and maintain her coverage.

  • Make sure your Mom applies for unemployment benefits. She is entitled to them. The state will apply pressure if they find out that the firing is unjustified as they will not want to be paying benefits to a person who should be working. If the firing morphs into a reduction in force firing then the company will have to give her first dibs at getting her job back.

    To NOT receive unemployment, an employee must have been fired for “gross misconduct.”  An employee fired for negligence, poor performance, or mild misbehavior should be awarded benefits.  The EDD, not the employer, determines if an employee’s conduct constituted or “sunk” to the level of “gross misconduct.”

    Generally, “gross misconduct” means a willful act that either caused, or could have caused, the employer to suffer significant injury or harm.

    This same criteria applies to COBRA benefits.

    Check out http://www.toolkit.cch.com/text/P05_8410.asp

    http://public.findlaw.com/nllg/forms/083.htm

    http://www.divorcelawinfo2.com/mylawyer/guideview.asp?layer=3&article=90l

    http://www.employlaw.com/unemployment2.htm

    Did the company formally counsel your mother prior to this event? Tell your mom to write down everything that has transpired in the past year. If her previous performance reviews were favorable your case will be stronger.

    Will pray

  • Tom,

    All good advice. We’re already in contact with a labor attorney in Portland, Maine, where she lives. We’ll look into all the resources you point to. Thank you.

  • Dom – you didn’t mention if she’s still going to have the surgery.  It sounds like she does need it.  Please advise her to keep it scheduled.  The advice about COBRA is sound – she will be covered.  God Bless you and your Mom.

  • Thank you all for your prayers and advice. I’m a lot calmer today and I think my Mom (who will be reading this thread as well) will feel better, too.

    Any and all advice and prayers are welcomed.

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