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Marsha411JD
Marsha411JD, Lawyer
Category: Employment Law
Satisfied Customers: 20354
Experience:  Licensed Attorney with 29 yrs. exp in Employment Law
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I was terminated from a position that was offered to me while

Customer Question

I was terminated from a position that was offered to me while I was a private IT contractor. The new job was salaried. I was suddenly terminated after 7 months. There was a misunderstanding on both parties of the job requirements. Also, I was in the middle of eye surgery and my medical was immediately terminated, but they continued to take my deductions from my pay after my termination but provided no medical coverage. I had to postpone (and still postpone corrective surgery).
I was very successful in my independent contract (100/hr Corp to Corp), but was convinced this would be a successful continuation of my career. I like this company's product. I just have been left in the cold with medical considerations that I can't even begin to pay for. I know this is superficial information. But just want to know if there is any recourse on my side. By the way. I live in GA, the company is in MA.
Submitted: 2 years ago.
Category: Employment Law
Expert:  Marsha411JD replied 2 years ago.
Hello,Thank you for the information. Can you tell me are you asking about the termination or are you asking about the medical insurance coverage? Also, did you have a term contract with this employer? Is there any reason why you think you might have been targeted for termination?
Customer: replied 2 years ago.
No. no issues with termination. Only no warning. I have serious questions about my access to immediate COBRA and why they still withheld medical coverage after my coverage was terminated. I know we an 'at will' society, but I was given strong reason to leave my successful contract career.
Customer: replied 2 years ago.
I did have to pass on a procedure requested by my GP. I was not approved by insurance. I have sent them a check. Also, I now have to look for a new job. I don't understand why there was a delay on my coverage for COBRA and also why I was fired when they knew my qualifications. They tried to put me in a sales job when I am a coding geek. That was not presented to me in this way.
Expert:  Marsha411JD replied 2 years ago.
Hello again and thank you for your reply although I still don't see where you asked a specific question. In the interest of time I will go ahead and address both the termination and COBRA issue.As you correctly noted, Georgia, like most states is an employment "at will" state. That means that an employer can terminate an employee for any, or no, reason and with no notice or warning unless the termination would violate a contract, company policy or employment discrimination law. So, unless your situation falls into one of the exceptions I mentioned, your employer could let you go even if the reason seems misguided or unfair. If you do think you fall within one of the exceptions, then you need to sit down with a local employment law attorney and discuss your case and the likelihood at success if you filed suit.In terms of COBRA, it is not immediate. The employer actually has 30 days to notify the health plan of the "qualifying" event (your termination) and the Plan has 14 days after that to send you your COBRA enrollment rights. If you elect COBRA, then it is backdated to the date your employment coverage ended. If there was an issue with the employer doing what I described, you can file a complaint with the Employee Benefits Security Administration, which is the arm of the U.S. DOL which enforces ERISA, the law that includes COBRA rights.You can find out more about your rights under COBRA by going to: http://www.dol.gov/ebsa/faqs/faq-consumer-cobra.html Please let me know if you need any clarification.
Expert:  Marsha411JD replied 2 years ago.
Hello again,
I wanted to touch base with you and make sure that you did not have any follow up questions for me from the answer I provided to you on the 4th. For some unknown reason, the Experts are not always getting replies or ratings (in the pop up box, which is how we get credit (paid) for our work) that the customer thinks have gone through. In your case I received neither. If you are having technical difficulties with reading, replying or rating, please let me know so that I can inform the Site administrator.
In any event, it was a pleasure assisting you and I would be glad to attempt to assist you further on this issue, or a new legal issue, if needed. You can bookmark my page at: http://www.justanswer.com/law/expert-marsha411jd/
Thank you.