ANA Discussion Forum
General Category => Insurance => Topic started by: chocolatetruffle on April 01, 2009, 09:10:19 pm
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i got a generic question and hope the group can provide some answers - what if you are in the middle of your diagnosis or treatment and you got laid off?
1. to prevent any lapse of insurance and to continue treatment, is COBRA the only alternative?
2. can the company lay you off knowing that you have a ongoing treatment?
any answers are much appreciated!
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Good questions. I'm not certain about this, but here are my thoughts.
Answer to question #2 - absolutely. Most companies don't know about ongoing treatments due to HIPPA laws, although it's highly possible that patients tell their employers what they are going through. Regardless, although most of us would consider it unethical for an employer to laid off an employee who is having treatment, there's nothing to my knowledge that is illegal about it.
Answer to question #1 - COBRA would definitely be an alternative and may actually be the best bet. Although there are portability laws these days, there's still pre-existing conditions and waiting periods.
Someone, please correct me if I'm wrong.
Thanks,
Jan
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Chocolatetruffle ~
Jan is basically correct on both questions.
Question 1. To prevent any lapse of insurance and to continue treatment, is COBRA the only alternative?
The only feasible alternative, yes. Obtaining private health insurance post-AN diagnosis and/or while under treatment would be almost impossible and even if possible, the monthly premium would probably be more than your mortgage payment.
Question 2. Can the company lay you off knowing that you have a ongoing treatment?
Yes, but not simply for undergoing treatment, unless the treatment makes you unable to perform the job you were hired to do. In most cases involving an AN, this is usually arguable. No job is guaranteed and an employer can always lay off a worker for cause, be it lack of work, poor employee performance or something else, but the reason has to be verifiable and not malicious or without any basis in fact. Most employers can find a 'legal' reason to fire any employee. A string of subjective, negative performance reviews is a common ploy employers use to justify firing an unwanted employee. Re-shuffling job requirements is another. i.e. a 4-year degree was the original requirement for your position, now, the same job suddenly requires a masters degree. The boss says,: "Sorry, you are no longer qualified for the position. Nice working with you". Frankly, the way the laws are written, the employer usually has the upper hand - although there are many ways to appeal a layoff. Unfortunately, none are easy, quick, cheap or carry any assurance of success. The harsh reality is that with the shaky U.S. economy, lay-offs are going to be more common and totally justified, even for those undergoing treatment for an acoustic neuroma.
Jim
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thanks jim and jan!!! having AN is challenging enough, and i sure don't need another challenge in my life - but when that happens, at least i am prepared!
have a good weekend!
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Thought of something else. You might want to check out the employment laws in your state.
Here in Illinois we have what is referred to as "employment at will". That basically means that your employer can terminate you at any time, reason or no reason - just because you work for them they have no "obligation" to keep employing you. I think the law was written this way in an attempt to head off possible lawsuits when employees are fired, but I'm not sure. Sounds scary, I know, but generally employers aren't nasty enough to let people go without cause.
Anyway, the employment laws in your state might give you a definite answer to your questions.
Jan
PS to Jim - glad to see I was "basically" correct ;)
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Jan, Sorry to hear about the IL employment laws since my daughter just landed her first post-college job in Chicago!
Also, my ex-husband whose family health plan covers me until two years after my son graduates from college was laid off in January. My surgery was scheduled for February. Of course, he didn't tell me about it. My daughter happened to call that day to ask me if I knew our health insurance was ending at midnight. Eeeek! Luckily, he got re-hired at a previous firm a week later. New coverage isn't as good, but it's something anyway.
Why would it be so terrible to have a health care system like the UK? Would it be clogged with unnecessary procedures, causing the reduced level of care and long waits that patients complain about in countries with socialized medicine?
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PS to Jim - glad to see I was "basically" correct ;)
Jan
Jan ~
Your facts were correct, I just added a few nuances. Your mention of the state-specific employment laws was also informative. We're on the same page. I'm just glad we were able to help.
Jim
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Jan, Sorry to hear about the IL employment laws since my daughter just landed her first post-college job in Chicago!
Don't worry, Nancy. Most employers are decent and wouldn't fire someone just for the hell of it - so chances are good your daughter won't fall "victim" to this lovely law.
I'm starting my 24th year at the place I work - yes, folks, I was just a child when I started ;) :D - and I can't ever recall someone being fired for no reason.
Jim - I was just teasing you and your use of the word "basically". I was a little disappointed you didn't say I was ABSOLUTELY correct. Now that would have really made my day ;D LOL
Jan
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hello jan
thanks for the tip about checking employment laws in my state, not sure if california have "employment at will" but will definitely check this out.
by the way, i think you are absolutely correct !!!! ;D
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by the way, i think you are absolutely correct !!!! ;D
Well, thank goodness somebody does ;) LOL
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Chocolatetruffle ~
Being the curious type, I checked a 'legal' website on this issue. It stated the following:
In California, employees are presumed to be "at will." At-will employees may be terminated for any reason, so long as it's not illegal.
Generally, employees that work under an employment contract can only be terminated for reasons specified in the contract. In California, the at-will presumption can be overcome by evidence that despite the absence of a specified term of employment, the parties agreed who the employer's power to terminate would be limited in some way.
So much for job security! Well, now you know. :(
Jim
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you are one step ahead of me jim, thanks and yeah, so much for job security, all i have to do now is just find that darn oil field ;)