fired for medical reasons

[evileyes]

What is the name of your state? indiana
this is for someone else:goes with what is actual hire in date.

working for a company have an allergic reaction to materials being handled . take in an doctors excuse - requesting to be moved. they move person to different area. clock out go home at end of shift . get a phone call to come back in at 4 same day off the clock go back in and they say we have to fire you for medical reasons.

so person is terminated off the clock, they even wrote this person a letter stating why they were fired for medical reasons, on same paper wrote they were good worker,never late,hasn't missed,catches on quickly to different jobs person was assigned to (cross training).

this person is rehired - shouldn't they be entitled to back pay- hire in date and ins. they are making person start over.

 

[Beth3]

No. Some individuals do develop or already are allergic to materials in a particular workplace. Allergic reactions (such as dermatitis) to coolants is not all that uncommon in machine shops. Some individuals are even allergic to certain types of metals.

This person being terminated because they're allergic to something in the workplace is not illegal, nor are they entitled to back pay or any other special consideration if they are subseuqently rehired.

 

[evileyes]

ok so if this person is pregnant(and) the company knew this will the pregnancy be consider pre-existing for ins. even though she will have had insurance in the last 6 months with this company,but she has to get thru a 90 day probationary period first before she is elgible again.

 

[Beth3]

evil, that depends entirely upon the particulars of the employer's plan. I *believe* pregnancy is specifically prohibited from being considered a pre-existing condition but as it's been a while since I had to deal with this issue, I can't recall whether that is a federal requirement or a requirement of my State.

In any event, this individual's should take a read through the plan document/insurance booklet, or ask the HR/benefits person at work, or call the insurance company directly and inquire.

 

[cbg]

Pregnancy is excluded from being a pre-ex condition under Federal law; HIPAA to be exact. However, HIPAA ONLY applies if both the old carrier and the new carrier are employer-sponsored group plans. If either the old plan or the new one is an individual plan, then HIPAA does not apply and pregnancy MAY, (although that does not necessarily mean it WILL) be considered pre-ex.

 

[evileyes]

ok i will have her read the ins. policy to see what it says .it will be the same policy beings the same company hired her back just put her in a different area of the factory, doing a different job that they said wasn't available which is the same job they put her on the day they called her back in and fired her off the clock.