Employer denying insurance to qualified employee with new onset seizure diagnosis

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dylanwalker84

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My partner and I moved to Oregon in October. In mid November (not sure
what date) he began a job that promises full medical and dental benefits
after 90 days upon completion of his "certification", and maintaining 32
hours per week . On February 23rd while at work alone he collapsed and
lost consciousness and was taken to the hospital. On Tuesday April 8th I
witnessed him have a grand mal seizure while at home. He went again to
the hospital and was diagnosed with a new onset seizure. Since I was
there to witness it this one, we could assume the one on the 23rd was a
seizure as well. These are the first instances in his life. In the past
week he has had 4 more seizures. One took place at work. He is unable to
follow up with the recommended neurologist and get on medication to stop
the seizures without insurance.

His "certification" is dated February 29th,. It is now April 17th and he
has still never received paperwork to enroll in his insurance and
benefits. He has repeatedly asked the three managers above him for his
paperwork. On Tuesday his manager said he doesn't qualify for benefits.
The manager above her called him the same day and told him he has become
a liability due to his condition and he should put in his two weeks
notice. Is this illegal discrimination? I called the person in the head
office in charge of benefits and asked why he was being denied. She said
he didn't meet the qualifications. She said his start date was the
beginning of this year, even though we have a W-2 from 2007 for him and
he started in November. She wouldn't tell me why else he is being
denied.

He urgently needs to see a neurologist and get medication to be safe at
home and at work. I was told I can put him on my health insurance as my
domestic partner if I can get a letter from this "hr" woman stating that
they are denying to cover him. It is not during open enrollment however
and if she refuses to write a letter he will have to wait 2 more months
to be covered, putting him in danger of hurting himself. He talked to
co-workers that have put in 60-70 hours per week for 8+ months who still
don't have insurance through this employer.


He has been working for the company for WAY over 120 days, with proof of 32 hours average with pay-stubs.


My questions are the following:

Has he been illegally discriminated against by being told to quit?

Can we demand a letter of denial from his company in order to expedite
coverage on my plan?

Can we pursue or threaten to pursue legal action to cover his
accumulating medical bills?

Thank you,

Heather and Dylan
 
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