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Recent employment law questions

I am trying to help my sister. Her husband passed away at 34

Hello, I am trying to help my sister. Her husband passed away at 34 on June 11th. She went to get to the pharmacy to pick up medication and BCBS told her that the insurance policy was cancelled effective june 13th. I called to ask about "COBRA" and they are stating I have to wait for a qualifying event... can the company cancel effective 6/13 or shouldn't it be cancelled as of july 1st and then I have time to activate additional insurance

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LawTalk

Attorney at Law

Juris Doctor

 
31,036 satisfied customers
I'm 62 and have been with a company 39.5 years. After our

I'm 62 and have been with a company 39.5 years. After our company has had stellar growth in the last several years,I have been ask to take an option of 1) stepping down to a leeser role or taking a a package as part of an RIF. Package is 6 months salary and Cobra. I will be subject to High Medical expense , short of being able to sign up for Medicare ...or full Social Security benefits. I would like to take the early-out package , but I feel it is WAY LOW after 40 years of successful service. Any recourse? I pushed back and their answer was to leave me working 3 extra months.

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Patrick, Esq.

Doctoral Degree

 
16,796 satisfied customers
I worked as a 6 figure salaried IT Professional. I developed

I worked as a 6 figure salaried IT Professional. I developed health problems. My Dr wrote letters to my Employer - a Department of Defense Government Contractor for the Navy - my Dr told my employer I was having health problems he was concerned about and requested I not work more than 40 hours. 3 months later, my Health problems hit me hard. My Dr wrote letters to my employer that I was to take time off. I was eventually paid 4 weeks of Short Term Disability. Although I tried to go back to work on a part time basis, my health problems prevented me from even accomplishing that. My last partial paycheck was received in mid Dec 2013. I was later hospitalized and over 2+ years went through 7+ surgeries to address my Health / Medical problems. I communicated with my HR Medical Leave rep, but I never received my Disability benefits. After several months, my HR rep told me they understood I was on medical leave, but the Insurance company (Prudential) was denying my Disability Claims. I purchased my benefits from the HR department. I paid additional money for additioan (+10% more) disability - if I did have a problem. I was not paid until I filed a suit agaisnst Prudential and after 15 months I did get a "partial" settlement. I feel that my benefits were not honored. I am struggling, have not worked since early Dec 2013. My employer never honored my benefits that they sold me - but they continued to charge me FULL PRIOCE for My Disability (50% of LTD was part of my Salaried Benefits, I paid additional for +10% Disability benefit). My life has been financially destroyed and my employer - a large DOD company, never notified me, but did terminated me as I was switched to the COBRA Plan --- I have a well documented case. My rights were violated, My life destroyed, I live in poverty when I should have $58K per year until I'm 65. I'm 58 years old, trying to recover and overcome my health problems. ALL my efforts to get my Social Security Disability has also been denied - and so I want to pursue legal action against my Employer - which lists me as Disabled - unpaid. What can I do? I have suffered and been disgraced over criminal action for not paying Child Support and on and on - all because I did NOT GET MY DISABILITY BENEFITS that I was SOLD by the employer HR department once I was hired. YES - my employer DID KNOW OF MY HEALTH ISSUES - I provided a 5 year full medical history and they required a full health / medical / physical exam by their own on-site medical facility! What Can I do??

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Infolawyer

Attorney

Juris Doctor.

 
36,612 satisfied customers
Is it the former employer's responsibility to provide

Is it the former employer's responsibility to provide COBRA information & quote when your position is eliminated?

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Allen M., Esq.

JAG officer and former adjunct prof.

Juris Doctor, Cum Laude

 
17,454 satisfied customers
Please let me know if you have suggestions to this draft

Please let me know if you have suggestions for improvement to this draft letter below. This is for the termination of a temporary W9 (ind.contractor) worker who was with the Co. for several months. I do not know if there were performance discussions, but he is being termed due to not being able to keep up & he hasn't been reliable. As an ind.contractor, there were no benefits & I guess he's not eligible for unemployment.I am new at this co. & just figuring things out on the HR side. We are in NY, checking with you also if we legally need to give him a letter. In this case , they are planning to email him because he is not scheduled to work this week. I prefer a verbal discussion, but I'm not sure that will happen.Is it best to put the reason for the term in the letter (for all types of employee terms), or keep it shorter & if a f/t employee letter, add'l info included would be term date, benefits end date info & cobra eligibility info?Dear __,Thank you for your contributions over the past several months. We appreciate your work and efforts.We have made a business decision for your temporary assignment to end effective today, 6/14/16. Unfortunately your overall performance has not met our expectations. Your pay for your most recent time worked will be processed on our standard schedule.Please let me know if you have any personal belongings at the office that you'd like me to arrange to send to you. We wish you well in your future endeavors.Sincerely,

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LawTalk

Attorney at Law

Juris Doctor

 
31,036 satisfied customers
Is this a free site : I have not : I resigned my position

Hi Pearl, is this a free siteJA: The Employment Lawyer will need to help you with this. Have you consulted a lawyer yet?Customer: I have notJA: Please give me a bit more information, so we can help you best.Customer: I resigned my position after 23 yrs, a diagnosis of dementia for my mother and some alcohol issues, cause me to resign under deress on May 6. After my resignation my boss offered an EAP program which I've been in for 5 weeks, and have been cleared to return to work. I just found out Friday that there not going to take me back because they feel I'm a liability. Do I have recourse? Thank you....JA: Because employment law varies from place to place, can you tell me what state this is in?Customer: IllinoisJA: Is there anything else important you think the Employment Lawyer should know?Customer: Not off handJA: OK. Got it. I'm sending you to a secure page on JustAnswer so you can place the $5 fully-refundable deposit now. While you're filling out that form, I'll tell the Employment Lawyer about your situation and then connect you two.

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Dwayne B.

Juris Doctor

 
33,916 satisfied customers
When a group of employees are off on the last day of the

When a group of employees are laid off on the last day of the month without notice, is the employer required under ACA to notify employees that all health care benefits are also terminated as of that date? Wouldn't COBRA notification be required if this is a planned permanent layoff? All employees were completely unaware they would be completely uninsured the next day. State is PA. Date of layoff 05/31/2016. All employess age 60+.

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Law Educator, Esq.

Attorney At Law

Doctoral Degree

 
104,268 satisfied customers
I am receiving cobra from my former employer and my premiums

i am receiving cobra from my former employer and my premiums are being paid by a grant from the kidney foundation for my premiums .i am also working for my former employer 16 hour per week..am i within the law doing this.please advise

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ScottyMacEsq

Doctoral Degree

 
22,044 satisfied customers
I live in Maryland. I worked company months and found I

I live in Maryland. I worked for a company for 2 months and found I needed surgery. I requested FMLA and ADA leave for my 4-6 week recovery (as the company requires) and was denied for both. I was given a letter stating ADA was denied as it would cause an undue hardship on the company. The letter stated I was eligible for rehire. I chose not to reapply once recovered because I didn't like the way the H/R group handled the situation. Since then, I've requested a distribution of the funds I contributed to their salary savings plan ($1500) back in February. They still have not released my funds. I have also been paying $600/month to keep COBRA medical insurance. However, the company has not updated my payment information with my medical provider, Blue Cross, since February. Therefore, Blue Cross is saying I haven't been covered since March 1, 2016, though I've paid through June 30, 2016. Do I have a course of action on any of these matters? I really want the company penalized as they are now causing me an undue hardship. Thank you for your time.

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164 satisfied customers
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