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John, Attorney
Category: Legal
Satisfied Customers: 5731
Experience:  Licensed and practicing attorney.
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If a employee has a mental breakdown that causes her to walk

Customer Question

if a employee has a mental breakdown that causes her to walk off her job held for 18+ years. Can she be let go form the company without medical benefits?
JA: Because employment law varies from place to place, can you tell me what state this is in?
Customer: Michigan
JA: Has anything been filed or reported?
Customer: not as far as I know. I am flying there Wed. to see whats happening
JA: Anything else you want the lawyer to know before I connect you?
Customer: The family doesn't know what to do legally to get her benefits reinstated so that she can be hospitalized
Submitted: 9 months ago.
Category: Legal
Expert:  John replied 9 months ago.

Was the mental breakdown caused by the job - in other words did arise out of and occur at work?

Expert:  John replied 9 months ago.

If yes, what occurred at work to cause the breakdown?

Customer: replied 9 months ago.
I believe it was the excess mandatory 12 hr shifts triggered it.
Expert:  John replied 9 months ago.

I see. I thought perhaps a workers compensation claim may be possible. Unfortunately, simply having long shifts wouldn't be the type of extraordinary work event that would allow for a mental injury allowed under workers compensation. Likewise, since she walked off, rather than taking disability or FMLA, the employer doesn't have to keep her on the plan. The employee could probably get COBRA extended benefits but that is at the full cost of the plan, which is probably in the thousands per month. Alternatively there are either the affordable care act exchange plans (which can be free with credits), or state medicaid if she qualifies.

Customer: replied 9 months ago.
This is so unfortunate...She needs to now get help without benefits after 18+yrs on the job. Her family is also not financially equip to handle the cost....while She doesn't even mentally realize whats going on. I am her best friend and am flying Wed. to see what I can do to help. I am broken hearted and frantic. There has to be a way
Customer: replied 9 months ago.
Posted by JustAnswer at customer's request) Hello. I would like to request the following Expert Service(s) from you: Live Phone Call. Let me know if you need more information, or send me the service offer(s) so we can proceed.
Expert:  John replied 9 months ago.

Yes it is unfortunate. I see you requested a phone call. I am equipped to handle such a call if you desire. However, that is a premium service through the website and costs and additional charge, which I will send to you. If agreeable accept the offer and I can initiate a call when we are mutually available for a call.

Expert:  John replied 9 months ago.

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