What is the name of your state? MA
I received a letter of termination from my company after I had a mental and physical breakdown due in large part to the stress and demands of the job. My boss was aware of this months before the breakdown. The company has been good to me (although I wonder if it's due to legal reasons, like fearing a lawsuit), and continued to pay me through three hospital stays and months of recovery. We had a meeting, and I explained I could not come back in my prior capacity as my ulcers and subsequent emergency surgery due to those ulcers (which I didn't have before this job), as my doctor adamantly adviced me to quit smoking, drinking and stress/pressure, esp. from my job. As the company is cutting back on staff, they had no other jobs available for me. My last check is May 30th, and that is when my insurance ends as well. I work a part time job now, but that ends June 20th and never carried insurance. As I have a letter of termination, do I have any rights? What do I do? Do I have any help financially or health insurance wise? Due to my many illnesses and surgeries in the past year, I have a lot of medical bills, doctor visits, and lots of prescriptions. I am scared. Thank you.
I'm in MA too. In MA, the
I'm in MA too.
In MA, the maximum that your employer is required to hold your job is 12 weeks. That's if FMLA applies, and it's unclear if FMLA applied. But since you missed a total of five months, your employer provided you with more time than they were required to under the law even if it did, and if it didn't they were not required to provide any time off at all. If FMLA applied, they were required by law to continue your medical coverage; it had nothing to do with being afraid of a lawsuit. They were simply obeying the law. (If FMLA did not apply, it's still more difficult administratively to cancel your coverage and then reinstate it later - it's simpler to continue the coverage for short term absences.)
It is very difficult to get a stress claim paid under workers comp; I doubt that it's worth your time to try.
The amount that you indicate is about on average for COBRA in our state - in fact, if it was good coverage that's a little on the low side. No one ever claimed that COBRA was cheap, but you have to remember that it's not only people who are unemployed who are provided with COBRA coverage. It's for ANYONE who loses coverage for any reason not related to gross misconduct. At least we have Mass Health as an option. That might be your best bet for now.
If you are medically cleared to work now, I don't see any reason why you should not qualify for unemployment. If you are not, then you will have to wait until your doctor gives you a medical release before the DUA will accept your UI claim.
I understand how scared you are and I'm not unsympathetic, but it does sound as if your employer followed all the applicable laws.
after May 30th apply for
after May 30th apply for unemployment. second you should be receiving COBRA information on continuing your health insurance with your previous employer. speak with your employer and see if they will be sending you the information on continuing your health insurance. be one step ahead. if you feel this was work related, did you file a workmans compensation form?
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