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John
John, Employment Lawyer
Category: Employment Law
Satisfied Customers: 4528
Experience:  Exclusively practice labor and employment law.
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They have advised me that I am suspended with pay until

Customer Question

They have advised me that I am suspended with pay until further notice but yet I received paperwork from the HR dept in the mail that my health insurance is being cancelled due to employment termination. Yet they told me I was suspended with pay. I have
tried calling the HR dept. But they will not return my calls
Submitted: 1 year ago.
Category: Employment Law
Expert:  John replied 1 year ago.

Theoretically you could be suspended with pay for a long period and then lose your rights to healthcare benefits because you aren't working the monthly number of hours required by the health plan documents to be a qualified participant. But then up would have to be offered COBRA continuation coverage where you could pay out of pocket for the coverage. In this case it sounds more like they terminated you without actually telling you so...but you still have rights to COBRA assuming the employer has more than 20 employees.

Customer: replied 1 year ago.
You really did not snswer my question as to can they tell me that I am suspended with pay but really they have terminated me! Is this legal? Dont I have to sigb paperwork for this? Why wont they return my call? You havent given me any definite answers???
Expert:  John replied 1 year ago.

Here are definite answers:

can they tell me that I am suspended with pay but really they have terminated me! Is this legal? ANSWER It is legal, there is no law mandating an employer be honest with you or tell you that you are terminated. Although it is generally logical because the employee would continue to come to work otherwise.

Don't I have to sign paperwork for this? ANSWER No there is no legal requirement that you sign paperwork for your termination.

Why wont they return my call? ANSWER I don't know. It sounds like there is some level of animosity between them and you...but I have no idea why they haven't returned your call.

Expert:  John replied 1 year ago.

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