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Recent ERISA questions

During the 60-day notification period after role

During the 60-day notification period after role elimination, can a company prevent an employee from 401K deductions from their paycheck or stop company match?

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Marsha411JD

Doctoral Degree

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My employer cancelled our health insurance, without

My employer cancelled our health insurance , without informing us. Now 5 weeks later the insurance company verified to me it was cancelled on a certain date. I have a reference number of our conversation. For 5 weeks aprox. $40 was taken out of our paychecks each week. In that time i have filled prescriptions and had 2 appts. at my Drs. and one appt. at a specialist. What can be done about this? Isn't this sort of thing illegal? Thank you for any help. This is not the first time this has happened over the past few years.JA: Because employment law varies from place to place, can you tell me what state this is in?Customer: Yes, it's Georgia.JA: Is the employment agreement "at will," union, full time or part time?Customer: Employment is full time.JA: Anything else you want the lawyer to know before I connect you?Customer: At least 25 employee's .

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Marsha411JD

Doctoral Degree

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My wife came from Taiwan back in october 2016, we were

good afternoon, my wife came from Taiwan back in october 2016, we were married nov 2017. I asked my employer to add her to my health insurance plan. I asked them for a few months straight, and they finally acted in March, only to find out we missed the window for open enrollment. Now she doesnt qualify for insuranceJA: Because employment law varies from place to place, can you tell me what state this is in?Customer: NYJA: Has anything been filed or reported?Customer: I have emails to my boss, and to and from my companys insurance agent saying its too late and she doesnt qualifyJA: Anything else you want the lawyer to know before I connect you?Customer: My company has a policy to pay $400 / month for insurance. if married this doubles and I have not received anything for my wife.

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John

Attorney

Doctoral Degree

9,478 satisfied customers
I had health benefits with my company. I went on medical

I had health benefits with my company. I went on medical leave and then my employer put my status from full time to as needed, and I found out my health insurance was discontinued. Can they legally do that while I was out on leave? I recently quit and I am working for another company and will be eligible for healthcare soon, but it is scary to realize I haven't been insured all that time. I had contacted the company's benefit line while I was out and they never responded. I asked about cobra benefits but I read that I am not eligible if I can get benefits else where. So I guess I am stuck between a rock and a hard placeJA: 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: I was full timeJA: Anything else you want the lawyer to know before I connect you?Customer: I just need to know if they can do that to me while on medical leave

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Marsha411JD

Doctoral Degree

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I am hoping that you can assist with the following

Hello, I am hoping that you can assist with the following questions:1) If a person is on disability with through their employer's long-term disability plan and they decide to retire can this impact their disability or retirement funds (hopefully not)?2) If the answer to #1 is yes, is there any way to avoid any negative impact to the disability or retirement funds?

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Marsha411JD

Doctoral Degree

19,724 satisfied customers
I worked for Weiser Lock when it was here in Tucson Az. for

I worked for Weiser Lock when it was here in Tucson Az. for 8 years. They moved the operation to Nogales SA. and since moved somewhere else. In Arizona I understand that I have vested rights to a pension. Just how can I claim my vested rights pension or whom do I submit a claim?JA: Because employment law varies from place to place, can you tell me what state this is in?Customer: I am in Tucson Arizona.JA: 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: If possible

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Marsha411JD

Doctoral Degree

19,724 satisfied customers
Former employer told me that if I left my position, I would

Former employer told me that if I left my position, I would lose all of my unmatured stock options. I have recently learned that the rules of the stock option plan state that if you are over 55 and have been employed with them for more than ten years, any departure is classified as a retirement fro. Said plan, and employee can exercise them after departing said company. I was 56 years old and had been employed with them for fourteen years and seven months. This happened in 1999. Can I do anything about this?JA: Because employment law varies from place to place, can you tell me what state this is in?Customer: IllinoisJA: Is the employment agreement "at will," union, full time or part time?Customer: Full time. At will.JA: Anything else you want the lawyer to know before I connect you?Customer: They kept me on retainer for six months after I left at $5,000.00 a month. My supervisor was CFO and executive vice-president and was not happy that I was leaving with Y2K looming.

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John

Attorney

Doctoral Degree

9,478 satisfied customers
It's a pension plan. I was told Id get lump sum of 299K,

It's a pension plan. I was told Id get lump sum of 299K, didn't file paperwork, second paperwork says 11K less now lump sum.JA: Have you documented this or discussed it with HR?Customer: kaiser permanenteJA: Is the employment agreement "at will," union, full time or part time?Customer: Retired last dec.JA: Anything else you want the lawyer to know before I connect you?Customer: They said something about calculating and recalculating the lump sum amount from the irs segment rates. I looked those up. The person said that the rates had increased and that's why the amount of the lump sum would be l ess.

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John

Attorney

Doctoral Degree

9,478 satisfied customers
My previous employer went bankrupt and owes the payroll co

my previous employer went bankrupt and owes the payroll co money. they will not realese my 401JA: Because employment law varies from place to place, can you tell me what state this is in?Customer: ohioJA: Is the employment agreement "at will," union, full time or part time?Customer: dont understand the questionJA: Anything else you want the lawyer to know before I connect you?Customer: i guess not

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Dwayne B.

Juris Doctor

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