My wife was just told today that she has 30 days to find a new job. They are letting her go because she makes too much money. We currently have our insurance through this company and the deductible is meant. What are our legal rights?
Country relating to Question: United States
State (if USA): Kentucky
Nothing, this is the first inquiry
Hello and thank you for the question. I am sorry to read of this dilemma.
Are you asking if the termination is legal? do you think there is discrimination involved or its a budget issue?
Legally, the employer has broad discretion provided not discriminating
employee may seek to negotiate a severance
or seek to get relocation and job placement assistance from the employer
employer should offer cobra benefits
for health insurance
employee may also file for unemployment benefits as well.
So the only option that we have to keep our insurance is to go with the Cobra?
unless the employer will offer as part of severance to extend private insurance without paying anything
she should look and ask to see how other workers are treated
and also if her age had something to do with it, she could pursue a larger severance
and consider an age discrimination claim
this applies where workers over 40 let go because of age
the eeoc review such complaints generally
What does the law say about finding a comparable position? For instance, my wife has been with the company for 15 years and recently, within the last 4 months took this new job within the company. She took at second shift job but now all they have is first shift.
The employer has discretion in scheduling, hiring and firing
they do not need to give comparable positions
unless there is a disability where they need to reasonably accomodate
are you satisfied?
If so I will turn on the rating feature
if you have a follow up first, ask me of course.
I am trying to reply
take your time.
if chat is not working let me know
I will switch it to Q&A
when you get that, write me back before and instead of rating
only rate me when done and satisfied.
Our chat has ended, but you can still continue to ask me questions here until you are satisfied with your answer. Come back to this page to view our conversation and any other new information. What happens now? If you haven’t already done so, please rate your answer above. Or, you can reply to me using the box below.
What else can I address for you?
What protection does an employee have when they have paid and meant the required deductible for the year, but it is early on?
They would enjoy that benefit but would need to keep it going through cobra.
So is Cobra when you pay the premiums that the employer pays as well as the employee's portion? How do you get that setup? Is there something special that needs to be done?
The employer would set it up and offer it. Here is a nice link addressing cobra benefits: http://cobrahealthinsurance.com/Resource/Kentucky_Cobra_Health_Insurance.htmlIf you would like any additional information or have more questions please don’t hesitate to ask!Please remember to only rate my answer when you are satisfied with my response. IF you feel the need to click either of the two starts on the left, please STOP and reply to me via the "CONTINUE CONVERSATION" button. Let me know the issue you have and I will be happy to continue further and do everything I can to provide you with the service you seek.If you give any rating below 3 stars then I will not be compensated in any way for helping you today. Please rate me 4 or 5 stars. Thank you,
Ok, thanks for the info, it appears to me that after reading the article that my wife should qualify for 18 months. It does not appear that the meeting that my wife had with her employer went well so I am less than positive that they are going to help in the matter of getting it setup. What can I do to move this along? My wife is shy and timid and gets taken advantage of too easily.
If there is a concern about getting what she is entitled to, you can see if you can attend also or if a lawyer can sit in on the meeting. Another option is having employer offer what it will offer and then coming back here or to a local lawyer and reviewing it before going back with a counter. If you would like any additional information or have more questions please don’t hesitate to ask!Please remember to only rate my answer when you are satisfied with my response. IF you feel the need to click either of the two starts on the left, please STOP and reply to me via the "CONTINUE CONVERSATION" button. Let me know the issue you have and I will be happy to continue further and do everything I can to provide you with the service you seek.If you give any rating below 3 stars then I will not be compensated in any way for helping you today. Please rate me 4 or 5 stars.
Licensed attorney helping individuals and businesses
DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).