Q: I informed employer of surgery needed and less than a month later. Is this a case of wrongful termination?

when being layed off I asked if my health insurance will still be active and I received a verbal yes same day I was informed of being laid off. I never received any emails or letters in the mail or phone calls to inform me my insurance was being discontinued. Ended up following up with doctors and had to go through the process of doing physical therapy for a month for the insurance to approve of meting with a surgeon and then after meeting with surgeon I was approved by insurance to get surgery that surgeon requested to be performed and then had surgery. Now months later and still not a call from former employer, after he informed me he would be calling as soon as more work became available, I found work elsewhere. Now I just received a letter from insurance that the surgery was not covered by the plan I was on and I now owe what was covered. Do i have a case of wrongful unemployment or any case at all?

1 Lawyer Answer
John Michael Frick
John Michael Frick
  • Employment Law Lawyer
  • Frisco, TX

A: If you chose to continue your health insurance coverage under COBRA and timely paid your premiums, your claim would be for breach of contract against your health insurance company, the contract being the health insurance policy.

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