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Recent COBRA questions

Ok I was recently off from offshore. The company that I work

Ok I was recently laid off from offshore. The company that I work for said they will give us a severance package for 2 months but insurance for three months. I am wondering how did they come up with the calculations of how much they owe us.

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Patrick, Esq.

Doctoral Degree

17,428 satisfied customers
I'm off on an L&I injury and my employer terminated my

I'm off on an L&I injury and my employer terminated my insurance benefits without notifying me. I found out my benefits had been terminated on 7/27/16 when I went to the pharmacy to pick up a prescription. They advised me to call HR. When I did I was told my FMLA expired on 5/21/16. I was not notified of this either. I called my Health insurance provider that day and asked about Cobra and they informed me that they had just mailed the paper work for Cobra on 7/26/16. I still have never received a single letter or anything from my provider indicating my benefits have been terminated. When I spoke with HR they informed me I still had PTO time (91 hours) remaining and a couple of sick hours. I explained that I has signed a form for L&I asking to have my benefits supplemented. HR then referred me to L&I.I called the manager of L&I and explained the situation to him. He then drafted an email to HR and payroll asking if I could please have my benefits reinstated and sent them a copy of the form I had signed at the beginning of my L&I claim. About a week later it was decided that "no" they were not going to retroactively reinstate my benefits because "someone" had made the decision somewhere alone the way to pay me a little extra every pay check so they could not reinstate benefits even though I had a signed form and remaining PTO hours.Does this sound right to you??

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Allen M., Esq.

JAG officer and former adjunct prof.

Juris Doctor, Cum Laude

17,856 satisfied customers
I live in MA and am changing jobs. My current employer says

I live in MA and am changing jobs. My current employer says that my medical insurance ends on my last day, tomorrow. Is this legal? My new employer will not extend insurance to me until my 30th day of employment. My start date with that firm is 8/24. What are the ramifications of being without insurance for 5 weeks in MA?

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Gerald-Esquire

Juris Doctor

5,136 satisfied customers
I have resigned from my job. Daughter was covered under my

I have resigned from my job. Daughter was covered under my medical insurance that I had through my employer. I could continue coverage under COBRA for 18 months but it is high cost compared to what would be payable for our daughter under my former spouse's insurance through her employer. As per marital settlement agreement if I am unemployed then my former spouse would cover insurance for out daughter. My former spouse is cooperating in this regard. However, I wanted to get confirmation on1) whether the health insurance company of my former spouse (through her employer) is required to cover our daughter also.2) the online portal for adding our daughter to my former wife's insurance has the following question: "is insurance required under a qualified medical child support order". What is this referring to ? I am unclear as to whether to answer yes or no to this. Can you advise how I can determine the right answer for this ?Thanks !

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Law Educator, Esq.

Attorney At Law

Doctoral Degree

106,614 satisfied customers
We are an employer in Illinois. We have a mechanic who is on

We are an employer in Illinois. We have a mechanic who is on workers comp and will be off work for 6-9 months. Then according to him may never be able to come back to work because of limitations. Can we take him off of our insurance policy and take away his company car now.? this happened at the end of June and his surgery is scheduled for the end of August?JA: Because employment law varies from place to place, can you tell me what state this is in? Not for this question, but they might if you need additional services. You'll have to ask the Employment Lawyer about that. Have you talked to a lawyer yet?Customer: IllinoisJA: Anything else you think the lawyer should know?Customer: no

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Law Educator, Esq.

Attorney At Law

Doctoral Degree

106,614 satisfied customers
My husband is a teacher in NYS. In mid- July, my husband

My husband is a teacher in NYS. In mid- July, my husband emailed his supervisor that he had accepted a teaching position in another school district. He didn't formally resign his position, but wanted to give his supervisor early notice. An administrator in the district told him that he (and the rest of our family) would no longer be insured since he was no longer an employee; the insurance company immediately cut him off. The district agreed to cover him for the rest of July if he paid a monthly deduction. The contract for his school district states that employees pay for their annual health insurance benefits from September to June.The way the contract is worded, it appears he has already paid for insurance in July and August from the previous deductions from his paycheck. The district admin told him that health insurance during the summer is actually paid for in September and October. The reason my husband is leaving is that he was told there may not be enough students in the Fall for him to have an FTE. He could have waited to resign until the end of August. He has still not submitted formal resignation. My questions. Isn't he legally entitled to receive health insurance for the entire year, since he has already paid for it? And if not, shouldn't he be reimbursed for the deductions already taken from his paychecks for annual coverage? He has contacted his union. They are not responsive.

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Law Educator, Esq.

Attorney At Law

Doctoral Degree

106,614 satisfied customers
My 25 year old daughter works for a large company for 3 yrs

My 25 year old daughter works for a large company for 3 yrs this Oct and has been a good employee with a wonderful work ethic. She has a severe eating disorder and was in residential treatment for 9 weeks from Oct to Dec, 2015. She used 9 weeks of FMLA, and relapsed and was sent back to treatment the end of April until the 3rd of July, 2016. She asked to work remotely, so she could go to aftercare. She worked 1 day, July 8th, relapsed and had to go to the hospital for 5 days and back to residential treatment. She was notified that if she is unable to return to work by Aug 4th, she will be terminated due to being unable to return after medical leave. She has used up all of her FMLA plus personal leave time. Is it better for her to quit her job rather than be terminated, so that if/when she gets healthier, a prospective employer would be more likely to hire her? How would quitting affect her COBRA, unemployment, and long- term disability?

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RobertJDFL

Attorney

Juris Doctorate

12,138 satisfied customers
After 2 years of employment I have been terminated due to a

After 2 years of employment I have been terminated due to a personality conflict with the CMO. I have never received an email of poor work (or even a phone call of poor work) and my requests for how to improve the perception of me have been answered by the VP that it is not about my work.Aside from the fact that I'm getting 1 month severance (making over a 200k salary) and was given no annual bonus despite achieving all objectives, is this an agreement I can sign just to get away from these people? I have it in a pdf form if it would help. THANK YOU.3. Payment. lf you choose to sign and return this Agreement within the required timeperiod,do not revoke this Agreement and abide by the other terms of this Agreement, theCompany agrees to provide you with (a) continuation of your regular base salary for fourweeks, payable in regular and equal payroll installments (less applicable withholdings anddeductions), commencing on the next regularly scheduled playdate after you sign and returnthis Agreement; and(b) Provided you elect COBRA...9. Confidentialitv of this Agreement; Non-Disparasement. You agree that you will not discloseto others the existence or terms of this Agreement, except to your immediate family, attorneysand bona fide financial advisors and then only after securing the Agreement of suchindividual(s) to maintain the confidentiality of this Agreement. You also agree that you will notat any time make any disparaging or derogatory statements concerning the Company or itsbusiness, products and services. However, nothing in this paragraph is intended to, and shallnot, restrict or limit you from exercising your protected rights described in paragraph l-2 or youfrom providing truthful information in response to a subpoena, other legal process or validgovernmental inquiry. The Company agrees to instruct the V.P. Medical Affairs, the EVP, CMOand the President and CEO not to make any disparaging or derogatory statements concerningyou.

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Marsha411JD

Doctoral Degree

18,804 satisfied customers
I was a founder and CEO of a www.enertia.. TX, No, I have

I was a founder and CEO of a www.enertia.biz.JA: Because laws vary from state to state, could you tell me what state is this in?Customer: TXJA: Have you talked to a lawyer yet?Customer: NoJA: Anything else you think the lawyer should know?Customer: I have Parkinson's and was diagnosed 6 years ago. Full disclosure to my board. My ex wife owns half and works there and is now ChairmanJA: Because employment law varies from place to place, can you tell me what state this is in?Customer: Txo

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Asad Rahman

Attorney

J.D.

2,804 satisfied customers
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