Visitor Question

Former boss lied to unemployment?

Submitted By: David (Del City, OK)

After a coworker was promoted to be my supervisor, her attitude toward me changed. She assigned extra work she expected me to complete in a timely manner, which I always did. She gave me a larger workload than any of my coworkers, so I was working a lot of overtime and weekends to make sure I met deadlines.

Sometimes, on weekends, she would email me another task to complete by Monday morning. She made sure I didn’t receive a raise even though my evaluation indicated I met all my deadlines. She knew I’d had some health issues and constantly referred to them in our meetings. She had me terminated the day before I was to receive a medical procedure.

I found out my insurance was cancelled AFTER it had already been deducted from the last paycheck. I figured I would be better off no longer working there with her constant harassment. So I immediately filed for unemployment, but the company disputed it.

I requested mediation and my supervisor perjured herself, saying I was fired due to misconduct, being I was constantly not meeting deadlines, even though I have it in writing that I WAS meeting them.

I was told by unemployment that since I hadn’t provided a copy of the evaluation, I wouldn’t be allowed to dispute, but that I could dispute their ruling after the mediation. So of COURSE they denied my claim and I of COURSE submitted copies needed to prove my case.

It was promptly denied again, based on the original claim. I took this up with the EEOC and my counselor knew I had a case, but I guess my former employer doesn’t take the EEOC seriously. Do I have a case for wrongful denial? What about against my former employer? Thanks for any information you can give.

Disclaimer: Our response is not formal legal advice and does not create an attorney-client relationship. It is generic legal information based on the very limited information provided. Do not rely upon the information in our response, or anywhere else on this site, when deciding the proper course of a legal matter. Always get a personalized case review from a local attorney.

Answer

Dear David,

The Equal Employment Opportunity Commission (EEOC) is vested by the federal government with investigating claims of job discrimination in the workplace. The EEOC is empowered to investigate claims of discrimination based on race, color, religion, sex (including pregnancy), national origin, age (40 or older), disability or genetic information.

From the facts you present, there doesn’t seem to be evidence of job discrimination. As a result, you probably would not prevail in a job discrimination claim with the EEOC.

You do though, appear to have a valid claim based on the denial of your insurance benefits. In most cases, if an employee is current with payments, and the injury occurred while on the job (in the performance of the worker’s job duties), insurance should cover required medical procedures.

In the alternative, if the injury was not job related, workers’ compensation insurance is not required to cover a worker’s medical procedure.

However, if, as an employee you had

separate health insurance, you should be covered. If this is the case, go directly to your insurance benefits policy and read it. As long as it states you are covered during the pendency of the policy, and if payments are current, you should be covered.

If the medical procedure is necessary due to an on-the-job illness or injury, go to your supervisor and demand to have the medical procedure covered. Otherwise, read your separate health policy or call the insurance representative listed on the policy.

The above is general information. Laws change frequently, and across jurisdictions. You should get a personalized case evaluation from a licensed attorney. Find a local attorney to give you a free case review here , or call (888) 647-2490.

Best of luck,

Published: January 7, 2015

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