I was required to leave my full time position because of ongoing health issues, later diagnosed as cancer. At termination I was advised by my employer not to terminate my full time position, instead,,I should opt to change my status to ECB( emergency call back) I agreed thinking that I would possibly return> Now, I found that changing my status from full time to ECB I lost all of my disability benefits, insurance etc. I was not counseled at termination and advised that I would suffer the loss of benefits. I have contacted my employers HR and basically was told that there was nothing that they could bo for me.
State/Country relating to question: Oklahoma
Hello and thank you for using the JA website. Please remember that this site is intended to provide general legal information only.What is your legal question, please?
AM i ENTITLED to benefits since I was not advised, at Termination, that I forfeited< unknowingly, all my accrued benefits
Did you ask what the effect would be of changing status when you changed status?
No because I thought that I would be returning to employment with a continuation o. f interruptedf benefits. At the time I had not been diagnosed with stage 3 lung Cancer...had I kniown there would be a loss of benefits of future benefits I would not have opted for ECB instead i would have investigated the option of path to disability coverage.
Why did you think that your benefits would be continued if you went to ECB status? Did your employer SPECIFICALLY tell you that your benefits would be continued when your status changed?
Not having had a formal Exit Interview my employet did not have the opportunity to.... counsel me on any any loss or retention of benefits.. .my concerns at the time were with my health and did not give benefits a priority in my thoughts.
Unfortunately, unless they committed a fraudulent act (i.e. lying to you), they did not violate any laws. It would have been incumbent upon you to ask about benefits. Depending on when this happened (i.e. how recently), you might still be eligible for COBRA.Please let me know if you need any clarification. Otherwise, please remember to hit the green ACCEPT button as that is the only way that we experts get compensated for our time, expertise, and research. We do not get paid by the website and so we rely on customers to honor the honor system and accept our responses so that we can continue to provide this service to people such as yourself. When leaving feedback, please also remember that we experts do not make the laws. We only report what the laws are and so please do not shoot the messenger.
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