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Recent Employee Benefits questions

I elected COBRA from my former employer. In July there was

I elected COBRA from my former employer. In July there was an increase of $11 per month. About two weeks later I was notified it was a $60 a month increase in the premium. This company is self-insured and I have been advised that the total premium (ER and EE) did not increase.I did payroll for this company and they are very dishonest in payroll matters. I should also note I signed a small settlement when I left.All I really want is to have my COBRA payments be calculated honestly. What are my options? Is there a government agency that oversees these matters?Thanks in advance.

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Marsha411JD

Doctoral Degree

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If you have met your deductible and out of pocket amounts

If you have met your deductible and out of pocket amounts under the employer health plan and then immediately elect COBRA coverage and pay for it , can you be forced to meet these amounts again during the same plan year?

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Phillips Esq.

Attorney

Juris Doctor

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Defined benefit pension was stopped and hospital red a third

Defined benefit pension was stopped and hospital hired a third party diversified to manage Have began receiving monthly statements" estimates" of for years what my lifetime monthly payments would be started off(###) ###-####down to 200 then 0Hospital HR rep states based on admits ration plan Erisa rule it doesn't matter who made the errors in estimatesFinal calculation 56.00 /month vs as much as 600 based on yrs of service and rules of the planWhen a business decides to hire a 3 rd party to manage this over the years and wrong information is delivered to 3rd party or actuary calculates monthly estimatesHR dept today says it doesn'tMatter based on Erisa lawThey have to pay me based on what they have calculated correctly now based on rules of administrative plan

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Marsha411JD

Doctoral Degree

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I'm currently on LTD disability, exp'g. on Aug, when I turn

I'm currently on LTD disability, exp'g. on Aug, when I turn 65; my former employer terminated me due to disability. At the time, the Co. considered an Ee. to be fully vested in 5 years, which I had met. My question is: Am I entitled to Retirement Benefits?

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Marsha411JD

Doctoral Degree

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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.

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My aunt is a middle-aged women with diabetes and many other

My aunt is a middle-aged women with diabetes and many other issues. Although she is not in a wheelchair, she has a handicap tag for when parking. It is difficult for her to walk as she has problems with her knees, and medically she is considered "morbidly obese."She currently works for a large non-profit organization with over 1,000 employees. Within her office building is a cafeteria, and from where she sits it is a very long walk for someone in her situation. A very generous co-worker of hers is kind enough to assist her. If her co-worker is going down to get something for lunch, she will ask my aunt if she needs anything. She will also sometimes bring her coffee and water. However, her co-worked only does this when she herself is going down to the cafeteria.Recently, my aunt's supervisor was informed about her co-worker occasionally bringing her food and beverages. Her supervisor then told my aunt that she is no longer allowed to bring her anything, that my aunt must be "self-sufficient."I do not see why it is such a big deal that her co-worker brings her food and beverages, as she is not making any special trips to do so, and it is not taking away from her job responsibilities and accomplishments.I am very upset about this, because now my aunt must bring her own food and cannot enjoy the employee benefits of the cafeteria on the campus. Is this an issue of discrimination against my aunt? Is there anything my family can do so that my aunt's co-worker can continue to bring her food and beverages if they are both alright with it?Not sure if I would need to speak to a lawyer about this, but if you can provide me with some more information/advice I would be VERY grateful.

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Lucy, Esq.

Juris Doctor

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My son is doing a part-time job fencing company and working

My son is doing a part-time job for a fencing company and working 56 hours a week. He gets lunch break no vacation time. He does get paid overtime at time and a half. What is she entitled to it almost sounds like a full-time job?

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TJ, Esq.

Juris Doctor (JD)

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10,404 satisfied customers
I got recently terminated by my employer, and they have

Hi ,I got recently terminated by my employer, and they have asked me to sign the below letter(not obligatory).Please let me know if there is any issue in signing this letter.---------------------------------------------------------------------------------------------------PLEASE READ CAREFULLY AND CONSULT WITH AN ATTORNEY BEFORE SIGNING THIS SEPARATION AGREEMENT AND GENERAL RELEASE INCLUDES A RELEASE OF ANY AND ALL KNOWN AND UNKNOWN CLAIMS AGAINST ITCOMPANY1 IF YOU DO NOT UNDERSTAND THE DOCUMENT FULLY, DO NOT SIGN IT SEPARATION AGREEMENT AND GENERAL RELEASESEPARATION AGREEMENT and GENERAL RELEASE (the “Agreement”) made this 30th day of March 2016 by and between Employee1 and ITCompany1 Services, LLC and its related and/or affiliated companies (“ITCompany1” or the “Company”).WHEREAS, Employee has been employed by ITCompany1 since on or about September 30, 2015 andWHEREAS, Employee signed an Employment Agreement with ITCompany1 at the commencement of his employment on August 3, 2015; andWHEREAS, Employee and ITCompany1 have discussed Employee's separation from ITCompany1; andWHEREAS, Employee and ITCompany1 wish to resolve and fully and finally settle, compromise, and forever discharge any and all claims and issues that have been raised, or which could have been raised, or which Employee has now or may ever have had against ITCompany1 or which ITCompany1 has now or may ever have had against the Employee; andNOW, THEREFORE, IT IS STIPULATED AND AGREED AS FOLLOWS:1. Termination of Employment. Employee agrees that his employment with ITCompany1 will cease on March 30, 2016. The Employee agrees that he will cooperate fully with ITCompany1's efforts to transfer Employee's duties and responsibilities to others as may be necessary to effectuate an orderly and effective transition.2. Return of Company Property. Employee agrees to return all Company property in Employee's possession or control to ITCompany1 including, but not limited to, any computer equipment, office keys, credit and telephone cards, blackberry, mobile phone, ID and access cards, and any and all original and duplicate copies of checklists, cheat sheets, training material, reports, company files, calendars, books, employee handbooks, records, notes, notebooks, correspondence, customer lists, manuals, customer lists, computer programs, computer disks, diskettes and any other magnetic and other media materials containing confidential or proprietary information concerning ITCompany1 by March 30, 2016.3. Consideration. In consideration for signing this Agreement, and in full satisfaction of all of the Company's obligations to Employee, the Company agrees that it will pay [sum amount] less applicable statutory deductions within 21 days of receipt of an executed copy of the Agreement from the Employee and the return of all Company property referred to in paragraph 2.4. No Bonus Payment. Employee will be ineligible to receive any bonus payment for calendar year 2016.5. Relocation Airline Costs. ITCompany1 will reimburse Employee on actual expenses incurred by him for one return airline ticket to India.6. Fair Benefit. Employee understands and agrees that the Payment referenced in Paragraph 3 above is more of a benefit than ITCompany1 is required to provide to Employee under any normal policy, plan, procedure or contract with ITCompany1.7. Non-Admission of Liability. This Agreement is not an admission of wrongdoing or liability of any kind by ITCompany1 or any of its former or current principals, officers, directors, representatives, agents, employees, and consultants, and any such wrongdoing and liability is expressly denied. This Agreement is entered into by the parties to avoid and to end all controversies between them.8. Continuing Obligations. Employee agrees to: (a) cooperate fully with ITCompany1 in its efforts to transfer such duties and responsibilities to others as may be necessary to effectuate an orderly and effective transition, including the retention of a suitable successor; (b) respond to reasonable inquiries from ITCompany1' s representatives concerning Employee's projects, activities and matters under Employee's supervision while he was a ITCompany1 employee; and (c) respond to reasonable requests to cooperate with ITCompany1 and its representatives concerning any investigation, claim or lawsuit initiated by any person, organization or entity (including any government agency) against ITCompany1 and/or Employee including but not limited to assisting in the preparation of ITCompany1's defense, consulting with ITCompany1 counsel, attending and/or if knowledgeable, testifying truthfully at any administrative arbitration, judicial or other proceeding. In making requests pursuant to this Paragraph, ITCompany1 agrees, where practicable, to consider the personal and business commitments of the Employee.

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P. Simmons

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Doctoral Degree

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I called in sick at work my boss told me I have to come in.

I called in sick at work my boss told me I have to come in. I haven't taken a sick day in over 6 months and before that I had 1 sick day what should I tell him?

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Christopher B, Esq.

Attorney

Juris Doctor

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4,786 satisfied customers
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