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Patrick, Esq.
Patrick, Esq., Lawyer
Category: Employment Law
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Experience:  Significant experience in all areas of employment law.
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A friend lost their job because of inappropriate behavior

Customer Question

A friend lost their job because of inappropriate behavior with other employees at a bar after work. One complained. The company said there was an investigation but but tell them nothing more.
1) Does he have the right to know what he did to be fired?
2) He was told his medical insurance ceased that moment. It seems there is a COBRA or some requirement to allow them to be covered until they get new medical insurance. What is that requirement?
Submitted: 9 months ago.
Category: Employment Law
Expert:  Patrick, Esq. replied 9 months ago.

Hello and thank you for entrusting me to assist you. My name is ***** ***** I will do everything I can to answer your question.

Regarding the first question, unfortunately there is no right to know what prompted the decision to terminate. Employment in FL is "at will" absent an agreement to the contrary, meaning the employment relationship can literally be terminated for no reason at all. Since an employer doesn't need a reason, the law does not require them to reveal whatever reason they might have.

Regarding the second question, COBRA benefits apply to group health plans offered by an employer if there are 20 or more employees on the plan. So, small employers would not typically be bound by COBRA. If the plan is "COBRA eligible," the employee will be eligible for continuation coverage unless they were terminated for "gross misconduct." Continuation coverage simply means that the employee gets to stay on the group plan and benefit from the discounted group plan rate, which will generally be cheaper than procuring health insurance on the private market by themselves. However, what a lot of people misunderstand is that the employee has to pay 100% of their premiums. They get the benefit of the discounted group rate, but their employer doesn't have to pay for them anymore.

If the employee's plan is COBRA eligible and they haven't received their COBRA election notice, they can threaten to file a lawsuit to collect penalties if the notice is not provided.

I hope that you find this information helpful. Please do not hesitate to let me know if you have any questions or concerns regarding the above and I will be more than happy to assist you further.

If you do not require any further assistance, please be so kind as to provide a positive rating of my service so that I may receive credit for assisting you. Very best wishes moving forward.

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