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Recent COBRA questions

Second opinion] I left an employer voluntarily in September

Second opinion] I left an employer voluntarily in September of 2016. My health insurance remained active and I waited for a cobra notice as my new employer does not offer health insurance. I never received a notice and every time I checked my insurance it said I was covered until 08/2017. I was injured this weekend and come to find out my insurance was retroactively canceled to 04/01/2017. I called the insurance company who said my employer sent notice on 03/10/2017. My plan paid out a claim on 04/26/2017. I never received any notification about cancelation and even have an EOB from my insurer showing coverage from the claim in late April. Now I do not qualify for cobra or a special enrollment period.

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Marsha411JD

Doctoral Degree

19,816 satisfied customers
I am currently on FMLA from my job - I have coverage for STD

Hi I am currently on FMLA from my job - I have coverage for STD and LTD. Under STD I had 492 hours available and was told after that I would have to roll over to LTD if I still needed to remain off work. I have been having chemo treatments since Feb 2017 and initially tried to work through it, but put in for FMLA in March. My 492 hours are up next week - what will happen with my employee health insurance when and if I go to LTD? I am now paying my portion of the premium to my employer.JA: Because employment law varies from place to place, can you tell me what state this is in?Customer: FloridaJA: Is the employment agreement "at will," union, full time or part time?Customer: Full time.JA: Anything else you want the lawyer to know before I connect you?Customer: No I'm concerned about my benefits because I am still having chemo and possibly radiation therapy.

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John

Attorney

Doctoral Degree

9,684 satisfied customers
I had recently joined a new company, upon my arrival I

Hello,I had recently joined a new company, upon my arrival I learned why this company was losing market share. As a result it was challenging for me to attain certain goals which were evolving each day. The goals were never put in writing and the change in employment was a verbal discussion.Friday I was given notice that I could either resign on Monday and have 2 weeks or be fired. I asked what would be said if potential new employers asked why I left the company. The person I report to said he would say what I wanted if I resigned.I think the best approach would be for the company to lay me off with the 2 weeks notice so I can claim unemployment insurance if needed and stay on cobra, if I resign my understanding is that I cannot apply for unemployment?What do you recommend? I need an answer before Monday morning.

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Law Educator, Esq.

Attorney At Law

Doctoral Degree

119,498 satisfied customers
I have been off work sinse april due to a medical problem

I have been off work sinse april due to a medical problem and I received a letter from cobra that I had been let go and that is the first I heard about it I was wondering if they could do that while I was seeing a doctor and was under his careJA: Because employment law varies from place to place, can you tell me what state this is in?Customer: it is in arkansasJA: Is the employment agreement "at will," union, full time or part time?Customer: full time truck drivingJA: Anything else you want the lawyer to know before I connect you?Customer: I don't thank so at this time

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Allen M., Esq.

JAG officer and former adjunct prof.

Juris Doctor, Cum Laude

18,934 satisfied customers
My husband was employed by a company in Michigan to be the

Hello, My husband was employed by a company in Michigan to be the Operations Manager for their business. The employment agreement with them had included them paying for 3 months of Cobra Insurance for us which they did not do. They also agreed to pay our moving expenses, I had a company all set up that was bonded and insured. One week before we were scheduled to move they tried to change what they had agreed upon and said they would load our things on one of their trucks because it would be cheaper. This ended up being a very upsetting thing for my husband and I along with some other things said by them in a very nasty email and my husband ended up tendering his resignation. We then got a call from my Husband's Boss to come and meet with him to discuss things and possibly come back. He told my Husband that it was up to him is he wanted to stay on as operations Manager or he could chose to go back to being a Remote Designer as he was previously for them. We told him in the meeting that we expected them to pay for the Cobra for 3 months as they has promised, also pay for my son and I Medications that cost us over $300 because they had not paid our Cobra, as well as a late fee on our rent as they were to pay two months of rent for my Husband to be in Michigan before the rest of us. We also said that my husband would not release any design work for them until those items were paid. That was 1 1/2 weeks ago. Meanwhile my husband has been doing design work from home for them. Yesterday he called the owner of the Company because they had still not paid any of the agreed upon items. This morning my husband got a email from them stating that they accept his previous resignation and will not pay the Cobra or the late fee, nor his last 1 1/2 weeks of work. Just to be clear, my husband had agreed he would be a remote designer for them after our meeting with his boss 1 1/2 weeks ago. What kind of rights do we have in this instance?JA: What state is this in? And how old is the truck?Customer: Michigan.JA: Is the employment agreement "at will," union, full time or part time?Customer: Full time design from home for my husband.JA: Anything else you want the lawyer to know before I connect you?Customer: We also signed a lease for a place in Michigan because we would have had to move for him to be the Operations Manager, it is now going to cost us 2 full months of rent and over $3000 besides that to break our rental agreement as well. I guess that's it. Thank you, Tara

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Infolawyer

Attorney

Juris Doctor.

43,330 satisfied customers
My company was purchased by another company and a lay off

Hi, my company was purchased by another company and a lay off occurred. As far as I know, everyone received 60 day notice under the WARN act. Some left the day of notification & others like me were given a termination end date. They needed me to help transition. I was given a copy of a severance package which included a lump sum retention bonus to be paid w/in 60 days of my end date if I transition "satisfactorily". I will also receive additional pay in addition to that as part of my severance. My concern is twofold: (i) I scheduled a 1 week vacation which was approved prior to the close of the sale, but just a few days before my time off my boss told me that my retention bonus amount is basically at risk since a week is a long time to be off. Our entire company had a minimum of 2 meetings w/ our buyer & they were asked if we can take scheduled vacations. They responded yes, take it, its business as usual; and (ii) my doctor has just informed me that I need surgery which could potentially take me out of work for 2-6 weeks depending on what they find & the respective recovery time. I asked my doctor if I could postpone the surgery until after my end date at work since I'm afraid I will lose the entire severance package. She advised me not to wait & I think it's b/c they are removing (at a minimum) 1 ovary & will need to determine at the time of surgery if there is ovarian cancer. Do I have any protection or recourse under FMLA if I submit it now? Or since I've received 60 day notice am I not protected & they can let me go w/out severance, benefits, etc.? With regard to the transition time, it has been about 4 weeks since the notice & the company who bought us is unorganized & chaotic. We haven't transitioned anything yet b/c they didn't tell the department who was receiving our work until last week. We will not begin training until the week after next. During this time we have been understaffed & overwhelmed with work. We asked our supervisors several times if new work will stop so we can transition & clean up. During my convo w/ my boss he said workload will continue as is until my last day there. So we have to simultaneously keep up with the work & train which will distract us from the work. I did have an employment lawyer look at the initial severance package & he said it was poorly written & portions didn't make sense. He didn't seem to be able to answer my question re: FMLA & suggested that I try to negotiate extra insurance coverage & kept stressing I get Cobra for 18 mos. Cobra is expensive & I can't pay it for very long. My severance says they cover me for 3?months but I am unable to get an answer from HR as to how it will work & I asked weeks ago. I was told that they haven't made a decision & won't until June. It is my understanding that they will not negotiate & have in some instances attempted to bully employees to stay & take jobs that weren't anything like their original job. If the employee refuses, they've said they can quit w/out severance. I found out the eventually gave in with 1 employee & did give them a package but it was not w/out hassling them for a few weeks first. Please note I don't have an employment contract. Thanks for any help you can provide. I am very concerned.

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Phillips Esq.

Attorney

Juris Doctor

22,682 satisfied customers
I worked for a company for 12 years. I am now on Social

I worked for a company for 12 years. I am now on Social Security disability. I had a $100,000 life insurance policy with this company. They provided $20,000 free, I paid extra premium for another $80,000. Do I have the right to keep this policy? it wasn't offered through cobraJA: Because employment law varies from place to place, can you tell me what state this is in?Customer: CaliforniaJA: Is the employment agreement "at will," union, full time or part time?Customer: full timeJA: Anything else you want the lawyer to know before I connect you?Customer: No

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John

Attorney

Doctoral Degree

9,684 satisfied customers
My husband has worked as a foreman for a framing company for

helloJA: Hi. What is your issue regarding?Customer: My husband has worked as a foreman for a framing company for 35years He has had a back issue for a couple of years, and just had back surgeryJA: Because employment law varies from place to place, can you tell me what state this is in?Customer: he has been out on disability for 3 mos in CAliforniaJA: Is the employment agreement "at will," union, full time or part time?Customer: at will, full timeJA: Anything else you want the lawyer to know before I connect you?Customer: at the end of Nov 2016, his boss said there was no work for him, and suggested to take a leave of absence. Normally when there is a period of time between houses being built, Jim works in the office on blueprints, etc

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Infolawyer

Attorney

Juris Doctor.

43,330 satisfied customers
I was offered COBRA benefits for 3 months at the same cost

I was offered COBRA benefits for 3 months at the same cost as I paid when employed. My wife and I had Medicare Part A. When I applied for COBRA I was never told that by COBRA office, CIGNA, or employers benefit office that because I was Medicare eligible that CIGNA would not pay any portion of my doctor bills. My wife had a spinal surgery and the doctor was given an authorization for the surgery. Not till after the surgery was I notified that CIGNA would not pay any portion of the surgery. Only when they received the claim were we told they would not pay. Now we have over $50,000 in medical bills. If we had been informed of this before the surgery we would have never gone ahead with it. CIGNA has been very uncooperative. Former employer has failed to advocate for us. Is there anything we can do? These physicians should be paid for a service the CIGNA authorized.

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Law Educator, Esq.

Attorney At Law

Doctoral Degree

119,498 satisfied customers
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