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RobertJDFL
RobertJDFL, Lawyer
Category: Employment Law
Satisfied Customers: 12130
Experience:  Experienced in multiple areas of the law.
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Once an employee is terminated, how long does the employer

Customer Question

Once an employee is terminated, how long does the employer have to provide information regarding: Unemployment, Cobra, Retirement, Etc. to the terminated employee?
Submitted: 6 months ago.
Category: Employment Law
Expert:  RobertJDFL replied 6 months ago.
Thank you for using Just Answer. I look forward to assisting you this evening.While Federal law requires that certain notices be given to employees who are facing termination, California has some additional requirements, as stated below: Federal RequirementsFor employers with 20 or more employees, a Consolidated Omnibus Budget Reconciliation Act (COBRA) notice and election form needs to be provided to employees who are participating in the employer’s group health plan the day before the termination and to any of the terminating employee’s dependents on the plan.If termination is due to a layoff or position elimination covered under the WARN Act, notices need to be sent out 60 days prior to termination.The IRS requires notices to terminating employees within certain time frames to advise them of their rights to retirement benefits.California RequirementsThe California Employment Development Department (EDD) requires employers to provide their unemployment benefits pamphlet, For Your Benefit, DE 2320, to all discharged or laid off employees no later than the effective date of the discharge or layoff.California Unemployment Insurance Code 1089 requires employers to give a written Notice to Employee as to Change in Relationship form to all discharged or laid off employees immediately upon termination. No written notice is required if it is a voluntary quit, promotion or demotion, change in work assignment or location (some changes in location require a WARN notice), or if work stopped due to a trade dispute.The Department of Health Care Services requires employers with 20 or more employees to provide the Health Insurance Premium Payment (HIPP) notice, DHCS 9061, to certain employees covered under the program.Employers must notify any covered, terminated employees of their Cal-COBRA continuation rights. Cal-COBRA must be offered to both terminated employees of small employers (2-19 employees) and terminated employees covered under federal COBRA when their 18 months of federal COBRA coverage expires.California Labor Code Section 2808(b) requires employers to provide to employees, upon termination, notification of all continuation, disability extension and conversion coverage options under any employer-sponsored coverage for which the employee may remain eligible after employment terminates.The Worker Adjustment and Retraining Notification Act requires certain employers to give affected employees at least 60 days written advance notice of any plant closing or mass layoff.Lastly, the employee’s entire paycheck must be presented to them at termination. This should include unused vacation, which is considered wages in California. (If the employee quits, the employer has 72 hours to give her a final paycheck).Your complete satisfaction is my goal. If you need additional information or clarification about my answer, please reply, and I'm happy to assist further. Otherwise, kindly remember to leave a positive rating by clicking on the stars/happy faces (3-5 stars/happy faces) as that is the only way experts such as myself are compensated on this site for our time and expertise, even if you have left a deposit. It doesn't cost you anything extra to leave a rating. Thank you.
Customer: replied 6 months ago.
I was terminated after 4-1/2 years on 4/21/16 I was told things just were working out, I was given a final pay check that included approximately 2 weeks of unused vacation pay, full deduction amounts were withheld = to normal payday of 5/1/16, Medical, Dental, 401K, Life Insurance, Long Term Disability, Etc. I was only given a pay check that day. On Monday 5/2/16 I received via US Mail enclosed items:DE 2320 packet, & Notice to employee as to change in relationship (Issued pursuant to provisions of section 1089) 11 days after my termination. I have made several calls regarding my benefits and Cobra, the last conversations were on Tuesday 5/3/16. I was told corporate was putting it together and would send something soon. I expressed my concern of not having Health Ins. for my family and I, HR responded you will be fine at least until the end of the month, I replied which month its the 3rd. She paused a said she would have to check at get back to me, after several hours I called again, at that time I was informed that I currently have no Health Ins. As of today 5/5/16 I still have not received anything other than final paycheck, and the one mentioned mailing. This is a Multi-Billion dollar a year company, with thousands of employees. What options do I have ? How do I go about holding my former employer to there legal responsibilities?
Expert:  RobertJDFL replied 6 months ago.
Here is the Cobra form I believe your employer should have given you. Here is the Certificate of Group Health Plan Coverage. And here is the Health Insurance Premium Payment Program information.Your employer has up to 45 days from your last day of work or the last day your group benefits end to mail you the COBRA packet. During this time you will pay any occurred medical bills until the paperwork gets processed. You will be reimbursed based on the employer's policy benefits and limits from the insurance company. Your employer is not responsible for your medical bills. If your employer doesn't comply with COBRA laws and fails to give you the COBRA packet, they can be fined and penalized severely by the US Department of Labor. You can also ask for assistance (online) from the DOL in getting the information from your employer.
Expert:  RobertJDFL replied 6 months ago.
Did you have any follow-up questions regarding this matter, or may I clarify anything else?
Expert:  RobertJDFL replied 6 months ago.
Just checking in to see if you needed any additional information about this matter? If not, please remember that experts on this site work on the honor system, and we are not paid until you leave a positive rating by clicking on the stars/happy faces (even though you may have placed a deposit with the site). As always, if you need additional information, simply REPLY, and I am happy to continue assisting you