reticent411
New Member
My jurisdiction is: Texas
On November 26, 2008, I received a letter from my employer notifying me something to the effect that I had been terminated because my "doctors did not provide Met Life with the information needed to extend my absence from November 2 through November 21, 2008." My employer set a November 21st deadline for this communication - my doctor sent Met Life the information they needed on November 14th, the day of my appointment. Per my doctor's instructions, I set appointments to see two new doctors. I informed both Met Life and Bell that I was seeing two new doctors, one on November 17th and the other on the 20th, and that information would go to Met Life for evaluation for the STD extension. Apparently that bit of information did not matter to my employer, even though they knew very well it takes time for the doctors to write up their findings and fax it into Met Life.
After receiving the termination letter on the 26th, I immediately called Met Life - my case worker had already left for the Thanks Giving holiday, so I spoke with another case worker who took my information and put it into record. I found that my case worker had "suspended" my case but with a note stipulating that more information was coming in from new doctors, some of which had come in by that time. My case worker was not available, so I spoke with other case workers who checked my file. I had no control over how my doctors communicate with Met Life! I then called my supervisor - he did not answer so I left him a voice mail stating that Met Life was still reviewing my case, that new information was coming to them, and that I thought the termination was wrong. I also called a woman in HR, got her voice mail, left her the same message. The whole time I was out, I communicated most every week with my supervisor, an HR rep, and the company nurse via email and phone - I kept them apprised of my health and information regarding my doctor.
I can see how my employer would think my case was "closed" although it was in fact still under review by Met Life. On December 3rd, I received the approval letter from Met Life for the extension covering me from November 2 through December 3, 2008. The extension letter also mentions moving me from STD to Long Term Disability, through Social Security Administration. They made no mention of continuing my coverage, so I thought my relationship with Met Life had ended.
Throughout December and most of January of 09, I had no income, no insurance (Cobra was $575/mo.) I tried to get unemployment but was turned down - first because my employer disputed my right to draw unemployment. They told TWC that I "wasn't eligible" because I was fired or I quit, but I sent TWC the termination letter and found I was indeed eligible IF I could get released to return to work, which I could not. I started looking for work out of necessity and income, even though I wasn't ready to work. Somewhere around the first week of February 09, I received a check from Met Life for LTD for the month of January. The letter said I was approved for up to 24 months of LTD. This confused the heck out of me, I didn't realize I was still covered.
I found and accepted a job even though I hadn't been released to work, started March 9th and ended up quitting April 30 because I just couldn't handle full time employment. I contacted Met Life to see if they would allow me to continue my LTD but have heard nothing back.
I filed a complaint with the EEOC in May of 09 over this and my suspicion that my termination was really in retaliation for filing a complaint to Ethics on my supervisor. Haven't heard anything back from them.
Do I have any recourse with my former employer and/or Met Life? I was employed from October 7, 2002 until November 24, 2008. I was out on approved FMLA Short Term Disability (STD) starting May 28, 2008, although I briefly returned to work in October for six days before having to go back out on FMLA/STD. The employer could not accommodate my restrictions upon me returning to work.
On November 26, 2008, I received a letter from my employer notifying me something to the effect that I had been terminated because my "doctors did not provide Met Life with the information needed to extend my absence from November 2 through November 21, 2008." My employer set a November 21st deadline for this communication - my doctor sent Met Life the information they needed on November 14th, the day of my appointment. Per my doctor's instructions, I set appointments to see two new doctors. I informed both Met Life and Bell that I was seeing two new doctors, one on November 17th and the other on the 20th, and that information would go to Met Life for evaluation for the STD extension. Apparently that bit of information did not matter to my employer, even though they knew very well it takes time for the doctors to write up their findings and fax it into Met Life.
After receiving the termination letter on the 26th, I immediately called Met Life - my case worker had already left for the Thanks Giving holiday, so I spoke with another case worker who took my information and put it into record. I found that my case worker had "suspended" my case but with a note stipulating that more information was coming in from new doctors, some of which had come in by that time. My case worker was not available, so I spoke with other case workers who checked my file. I had no control over how my doctors communicate with Met Life! I then called my supervisor - he did not answer so I left him a voice mail stating that Met Life was still reviewing my case, that new information was coming to them, and that I thought the termination was wrong. I also called a woman in HR, got her voice mail, left her the same message. The whole time I was out, I communicated most every week with my supervisor, an HR rep, and the company nurse via email and phone - I kept them apprised of my health and information regarding my doctor.
I can see how my employer would think my case was "closed" although it was in fact still under review by Met Life. On December 3rd, I received the approval letter from Met Life for the extension covering me from November 2 through December 3, 2008. The extension letter also mentions moving me from STD to Long Term Disability, through Social Security Administration. They made no mention of continuing my coverage, so I thought my relationship with Met Life had ended.
Throughout December and most of January of 09, I had no income, no insurance (Cobra was $575/mo.) I tried to get unemployment but was turned down - first because my employer disputed my right to draw unemployment. They told TWC that I "wasn't eligible" because I was fired or I quit, but I sent TWC the termination letter and found I was indeed eligible IF I could get released to return to work, which I could not. I started looking for work out of necessity and income, even though I wasn't ready to work. Somewhere around the first week of February 09, I received a check from Met Life for LTD for the month of January. The letter said I was approved for up to 24 months of LTD. This confused the heck out of me, I didn't realize I was still covered.
I found and accepted a job even though I hadn't been released to work, started March 9th and ended up quitting April 30 because I just couldn't handle full time employment. I contacted Met Life to see if they would allow me to continue my LTD but have heard nothing back.
I filed a complaint with the EEOC in May of 09 over this and my suspicion that my termination was really in retaliation for filing a complaint to Ethics on my supervisor. Haven't heard anything back from them.
Do I have any recourse with my former employer and/or Met Life? I was employed from October 7, 2002 until November 24, 2008. I was out on approved FMLA Short Term Disability (STD) starting May 28, 2008, although I briefly returned to work in October for six days before having to go back out on FMLA/STD. The employer could not accommodate my restrictions upon me returning to work.
