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John, Employment Lawyer
Category: Employment Law
Satisfied Customers: 5619
Experience:  Exclusively practice labor and employment law.
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I am on a workers comp claim at the present time. I received

Customer Question

I am on a workers comp claim at the present time. I received a termination letter 9/14/15. The company had been paying my health insurance for the past 10 months with my employee contribution. The letter gave me a 14 day notice of insurance coverage termination. Would this not be a 30 day notice?
I Have been sending in updates from the workers comp MD visits. The plan was to return to work on the 16th of October. I sent this email to my direct supervisor and the owner of the company. A letter was drafted the next day and I received it yesterday.
I feel this is retaliation due to my injury and the potential risk the company may have to assume if I return to work.
I am a nurse consultant and travel weekly.
Submitted: 1 year ago.
Category: Employment Law
Expert:  John replied 1 year ago.

I am suspicious it is a workers comp retaliation case as well, basically because of the timing. Specifically, your FMLA leave allotment expired months ago, so they could have terminated you then without recourse, because if you cannot do the job, workers comp doesn't guarantee you the right to return to your job. But now that you told them you are coming back soon, they terminate you, leading to the assumption that it is because they believe you are a workers compensation liability for risk of re-injury and another claim. So you should consult with an attorney in your are about bringing a retaliation claim.

With regard to your healthcare, they can eliminate that on the day of termination, they do not have to give any grace period, much less a month.

Expert:  John replied 1 year ago.

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