![[dr. bob]](/dr-bob-sm.gif)
Dr. Bob is Robert Hsiung, MD,
bob@dr-bob.orgShown: posts 1 to 4 of 4. This is the beginning of the thread.
Posted by JonW on May 25, 2002, at 13:14:46
Hi,
I just received a letter from my company that says since they were informed my long-term disability benefits were denied (because I have a pre-existing condition -- received treatment up to 3 months prior to employment), their policy is to terminate my employment! Can they do this? I thought the ADA protected me from losing my job? What should I do about this? Has anyone else here been through this? Any advice is much appreciated!
Thanks,
Jon
Posted by Greg on May 25, 2002, at 14:54:30
In reply to CAN THEY FIRE ME?, posted by JonW on May 25, 2002, at 13:14:46
Jon,
I'm definitely not an expert on the subject. I live in California and I know here you're not required by law to disclose any illness to a perspective employer unless it poses a possible danger to other employees. If you are talking about treatment for mental illness, and I assume you are, that does not constitute a danger to others unless they can demonstrate you have been a danger in other jobs before. I would definitely waste no time in contacting your local labor commission and a lawyer probably wouldn't be a bad idea either.
You, like me may work in an at will state, but that doesn't give them license to do whatever they damn well please. Protect your rights, and remember to document everything you do, it will come in handy down the road.
Good luck Jon, keep us informed.
Greg
> Hi,
>
> I just received a letter from my company that says since they were informed my long-term disability benefits were denied (because I have a pre-existing condition -- received treatment up to 3 months prior to employment), their policy is to terminate my employment! Can they do this? I thought the ADA protected me from losing my job? What should I do about this? Has anyone else here been through this? Any advice is much appreciated!
>
> Thanks,
> Jon
Posted by JonW on May 27, 2002, at 10:53:50
In reply to Re: CAN THEY FIRE ME? » JonW, posted by Greg on May 25, 2002, at 14:54:30
Hi greg, excellent advice! I understand the position my company is in, but they need to understand the position that I'm in, and if there is anything I can do to keep my job I will!
Thanks again,
Jon
Posted by Cece on May 29, 2002, at 2:57:11
In reply to CAN THEY FIRE ME?, posted by JonW on May 25, 2002, at 13:14:46
I believe that they can deny you the disability insurance, but not your job. And, you should be eligible for the insurance after a certain amount of time has elapsed, or a policy now with an exclusion for that particular illness. If it's like my disability insurance, you can petition to have an exclusion removed after a given amount of time has gone by without recurrence- on my policy it is 3 years.
Good luck- you definitely have some rights here.
Cece
>Hi,
>
> I just received a letter from my company that says since they were informed my long-term disability benefits were denied (because I have a pre-existing condition -- received treatment up to 3 months prior to employment), their policy is to terminate my employment! Can they do this? I thought the ADA protected me from losing my job? What should I do about this? Has anyone else here been through this? Any advice is much appreciated!
>
> Thanks,
> Jon
This is the end of the thread.
Psycho-Babble Social | Extras | FAQ
Dr. Bob is Robert Hsiung, MD,
bob@dr-bob.org
Script revised: February 4, 2008
URL: http://www.dr-bob.org/cgi-bin/pb/mget.pl
Copyright 2006-17 Robert Hsiung.
Owned and operated by Dr. Bob LLC and not the University of Chicago.