I worked in my executive level support position in
I worked in my executive level support position in Manhattan, NY for over 2 years. I was "released" last week from my employer during a meeting with my direct supervisor (founding director of the congregation), the congregation's HR Rep/COO, and the benefits representative of the congregation's overseeing "mega church". A meeting that I was lead to believe was to have an outside, third party mediator present to work on improving communication between upper management and staff (a documented, organization wide staff/management communication issue). During this meeting it was stated, and agreed to by all others present, that I was not being released due to any job related issues, that in fact my job performance has always been "stellar". I was being released solely because of the difference in communication and personality styles between myself and the founding director. Again, all admitting that these "differences" never negatively affected my job performance or respectful interaction with him, our staff, or our constituents. I asked for clarification, finding it just unbelievable, that a person could just be released from a job that on record they agreed was performed very well, without a "legal reason". I was told that I would receive the parameters of this "release" by the end of the work week (meeting was on Tuesday). Today (the following Monday) I received a four page "Separation Agreement & General Release" via messenger to my home. Of course, filled with intimidating legal jargon. What is of immediate concern to me is the wording, "This termination will be treated as mutual separation, and will be reported as such for purposes of unemployment". It also states that I will not receive the two weeks separation payment, final payout of my unused vacation days, one month COBRA premium payment, if I do not return the signed agreement within seven days of receipt. If I don't sign, I won't receive...... So intimidating! There is so much in the document that I'm just willing to "let go" and move on from, but the statement regarding unemployment really concerns me. Will I be eligible to claim and receive unemployment while I look for another job? I do not have the financial means to retain legal representation. I have paid for "Legal Shield" for years, but have been told that they cannot help me because of "conflict of interest" because it's my employer and that is how I signed up for their service. Even though I chose to be a member and paid for that membership for years through auto deduction from my payroll. Ugh! Any assistance or advice you can offer would be very much appreciated. Grateful for your time.......
We have employees that have qualified for our Minimal
We have employees that have qualified for our Minimal Essential Coverage insurance under HCR because they worked on average 30 hours average a week for our look back period of 52 weeks. We are now in the process of re-qualifying our 1st wave of qualified employees after one year. Some of the currently participating employees no longer qualify because they lack the average hours to re-qualify for insurance (based on our lookback period). We will be dropping them from our insurance. Are we required to offer them COBRA insurance for the MEC plan and any requirements based on the HCR guidelines?
An employee got in a car accident while working for us(his
An employee got in a car accident while working for us(his fault) . I would assume that claims would go under workers Comp? Correct?The employee is still off work and I do not think he will return. We have provided health coverage at our expense for last 3 months. Can we terminate his health insurance and let him enroll in COBRA ?
Background: The Company I work for was acquired by another
Background: The Company I work for was acquired by another company on 06/11/2016. On 08/24/2016 we were told our positions were being eliminated and that 09/30/2016 would be our last day. On or about 09/14/2016 I was asked, by the VP of Human Capital to stay through 10/31/2016 because they basically had no idea of what it was I did, why, when, etc. Here we are a month later and now I'm being asked to stay through 11/18/2016. There is no severance package. Everything has been verbal, nothing is in writing.It honestly feels like my separation paperwork (RIF Notice/COBRA paperwork) is being held hostage.Here's my question? If I decline this extension, do I forfeit my ability to file for unemployment?
I own a small business in GA. I only have three employees
I own a small business in GA. I only have three employees and unfortunately due to cash flow issues I'm going to have to let our salesman go. He is over 50 and I know that is a protected class based on age. I want him to be able to draw unemployment. Can someone please walk me through the Forms and procedure needed to legally layoff this employee? I'm planning to pay him separation pay equaling a month's salary. Any input from someone knowledgeable of GA and Fed laws would be appreciated.
I just received a letter from my COBRA administrator company
I just received a letter from my COBRA administrator company (Basic Pacific) that my plan has been dropped and my coverage will end on October 31. I have emailed the HR admin at my old job to find out the name and contact info for the new COBRA admin company.First, can you help me determine my rights regarding notification about the change? Second, I had paid Basic Pacific through the end of this year for coverage; they said they'd issue a refund. I'm much more concerned with a break in my coverage than I am with a refund.The HR admin at my old job told me that she had "spoken to ADP who will be handling the new COBRA system and have instructed them to send you the new COBRA information via your email address to expedite matters. You should receive the materials via your email at the end of the day or tomorrow. Please note you will not have a gap in COBRA coverage during the transition."She has not answered my further questions regarding a gap in coverage or any details about a person to be in touch with at ADP.I can't believe that I was only notified a week before my coverage ends!
I worked for the Town of Greenwich (BOE) of 18+ years and at
Good afternoon, I worked for the Town of Greenwich (BOE) of 18+ years and at a blind meeting, (which took all of fifteen minutes) on 14 September 2016 was informed that my position was being eliminated effective immediately. At the end of that meeting my union lawyer came in and said that this was improper until the union was notified. I asked at that time if I should defend and/or protect myself and was told no, to just wait and I have done just that. I have exchanged a number of emails with my union lawyer (which I have) since then, in them he was never clear as to the date of my termination until this afternoon. he now states that my termination date was on 14September2016 and that I should have received information from the Town of Greenwich concerning COBRA medical coverage which I have not. I am a 62 year old african american man who had planned to retire in three three years with my full pension and at the top of my ware rate.JA: Because employment law varies from place to place, can you tell me what state this is in?Customer: ConnectitcutJA: Has anything been filed or reported?Customer: This is my first communication with anyone outside of my unionJA: Anything else you want the lawyer to know before I connect you?Customer: I can any questions you need
My father has been on comp for almost one year due to back
My father has been on comp for almost one year due to back pain. It turns out he has degenerative disks and bulging caused by his job as a hilo driver. The entire year they have only given him partial comp pay, and there were delays in the beginning of the trial where the comp team rejected payment for an MRI test (the judge ordered) which delayed the case by months, mishandling of doctor letters (not bringing the most recent letters - they only brought their doctors latter saying he can return to partial duty where the newer doctor advised his condition worsened and he cannot return to work). Bot***** *****ne his back has gotten worse, he cannot feel needles dr push into his feet, and in therapy pinched a nerve where he wet himself. His company has told him he must return to work next month or will lose his insurance. My mother has fired the first lawyer, and may sue the comp lawyers for delaying the trial by 3 months and causing them to pay for cobra. My question is what options does he have for health insurance, for extending workers comp, trying for disability etc. The newest doctors eval shows the cindition worsened and they do not recommend light duty (he cannot sit for long period of time without going numb). Is there another way to gain insurance or extend his coverage
I received a notice of termination today from my employer
I received a notice of termination today from my employer that stated the cause of termination is "Restructuring of the organization and your position is being eliminated." I also received a Severance Agreement and I'd like to have an employment law specialist review the document before I sign it and accept it's terms. How much will that cost me?