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I reside in the state of Georgia and I was Laid Off while on FMLA. Before surgery my insurance was cut. Do I have a Civil Suit?

Albany, GA |

My place of employment had a freeze placed on it and some staff were Laid Off before I departed on FMLA almost a month before major surgery. While on my leave of absence I wasn't informed of my insurance being cut when I received my FAX papers stating I was being Laid Off and issued an Unemployment notice stating I was being separated. The FAX papers also stated I may not have my position once the freeze ended and the center returned to full operations. I was not informed of a Lay Off before I went on leave as other staff were contacted or brought into groups before their Lay Offs began. I was the only staff Laid Off just before services were performed for surgery. I was also informed that my name was place on the center schedules. I filed Discrimination but, the lawyer declined.

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Attorney answers 3

Posted

You should contact an experienced employment law attorney as soon as possible. You may have a claim for damages against the employer for violation of FMLA.

DISCLAIMER: The information contained herein is intended for informational purposes only and should not be construed as legal advice. Seek competent legal counsel for advice on any legal matter.

Posted

The only thing I can add to Mr. Haskell's answer is that time is of the essence. I'm not sure what you mean by "I filed Discrimination but, the lawyer declined," but if you mean that you filed a claim with the EEOC, and your claim was denied, you need to consult with a lawyer as soon as possible. Good luck.

Answers to questions on this web site are for informational purposes only and do not constitute legal advice. Unless you and Troy W. Marsh, Jr. have signed a written contract, Troy W. Marsh, Jr. is not your attorney, and you are not his client. www.marshlaw1.com troy@marshlaw1.com

Asker

Posted

Thank you for responding. I had my case reviewed by a Discrimination attorney. The firm informed me they did not cover / handle case's such as mine being I wasn't discriminated against. But, my case may have grounds for a "Civil Suit". I did not know about a EEOC lawyer and I was referred to this web site to seek out a lawyer because I truly feel I've been violated. The lawyer was from Tallahassee Florida. I know I have until August to fine some one. I never filed with a EEOC branch. Where would I go to receive that information?

Troy Windel Marsh Jr.

Troy Windel Marsh Jr.

Posted

You are very welcome. I understand now. Thank you for clarifying. Based on the new information, I am not sure the EEOC would have jurisdiction over your case. Then again, I do not handle discrimination or labor law cases. You need to find a lawyer who handles labor/employment law claims. Call the State Bar of Georgia and ask for a referral to a lawyer who handles such cases. (404) 527-8700. Good luck.

Asker

Posted

THANK YOU SOOOO MUCH!!!! This the ANSWER I needed! God Bless you.... All I silently asked for was a contact number to SOMEBODY! Mr. Troy Windel Marsh Jr. I will let you know what I've found.

Troy Windel Marsh Jr.

Troy Windel Marsh Jr.

Posted

You're welcome.

Posted

You can be part of a general lay off while on FMLA leave. The question that I have is whether or not youremployer gave you proper COBRA continuation of benefits notice in a timely manner. If not, you may have a COBRA case against your employer for the health care costs that you paid. You should discuss this with an employment lawyer. www.nela-ga.org is a good source to find employment lawyers in Georgia.

Asker

Posted

Thank you! Yes, I did not receive mention of any coverage until I arrived at the hospital on 2/25/13, l was informed my Blue Cross / Blue Shield had been terminated. It was at the hospital after contacting my Human Resource department that the COBRA insurance was offered. Once my surgery was completed and I arrived home from the hospital, I receive a CERTIFICATE back dated to 2/25/13 of my possibilities for COBRA (I could not afford) coverage.

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