Employees fired because they might drive up health care costs can probably sue under the Employee Retirement Income Security Act (ERISA), which governs many.
Recent case: Michael Chalfont had a heart attack and was then diagnosed with leukemia. He had to take time off for chemotherapy. He returned to work, only to be laid off six months later.
Others laid off at the same time were eventually rehired, but Chalfont wasn’t.
He sued, alleging thathad been heard to say they did not want him back because he might be a “liability” if his cancer recurred.
The court said that was enough to allow his lawsuit to continue, alleging his former employer targeted him for termination to interfere with his right to ERISA-covered benefits. (Chalfont v. U.S. Electrodes, No. 10-2929, ED PA, 2010)
Like what you've read? ...Republish it and share great business tips!
Attention: Readers, Publishers, Editors, Bloggers, Media, Webmasters and more...
We believe great content should be read and passed around. After all, knowledge IS power. And good business can become great with the right information at their fingertips. If you'd like to share any of the insightful articles on BusinessManagementDaily.com, you may republish or syndicate it without charge.
The only thing we ask is that you keep the article exactly as it was written and formatted. You also need to include an attribution statement and link to the article.
" This information is proudly provided by Business Management Daily.com: http://www.businessmanagementdaily.com/13246/sick-employee-riffed-beware-erisa-lawsuit "