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Ask Legalease Your Own Question
Legalease
Legalease, Lawyer
Category: Employment Law
Satisfied Customers: 16367
Experience:  13 years experience in employment law, unions, contracts, workers comp law
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My son was working private country club and has worked there

Customer Question

My son was working for a private country club and has worked there for over five years. The new general manager who has only been there since the first of February, had him to sign a resignation form on April 17th backdating it making his last day being the 21st day of April. He did not want to quit his job but he had 4 back surgeries and couldn't run. His last check was May 17th. They took out money for health insurance on that date and then sent a form to insurance company backdating it May 16th requesting his insurance be dropped as of May 1, 2016. On May 9th he got his medicine filled and insurance covered it. Yesterday he needed another prescription filled and insurance wouldn't cover it and explained what his employer had ask that his insurance be cancelled on the 1st of the month even though they took out the premium for the next month. My son wasn't informed about any of this until he tried to get his medicine filled yesterday. His former never told him or offered him cobra. Is there anything that can be done?
Submitted: 1 year ago.
Category: Employment Law
Customer: replied 1 year ago.
I don't need Canadian law. I need USA law
Expert:  Legalease replied 1 year ago.
Hello there ---You are in the US law section and I am a US based attorney. Under the circumstances, your son probably should not have resigned because if the country club was not happy with his performance due to the disabilities suffered from the back surgeries, if they had terminated him he would probably have had a very good change of getting unemployment benefits. However, I still encourage him to apply for unemployment benefits (they will initially deny him the benefits because the country club will claim that he quit/resigned -- but then your son should apply for a hearing with an unemployment judge and he just may win the case when he explains what happened to him and why -- they will look pretty shifty showing up with a resignation letter backdated to April when his last paycheck stub says May 17). -Regarding COBRA, the company has until 60 days after the termination/resignation date to send him information regarding the COBRA plan and then your son can decide whether to accept or decline the COBRA insurance coverage and pay the premiums himself until he is able to make other arrangements. If your son is in a situation where money is tight and he is low income at the moment, I encourage him to look into coverage under the Affordable Care Act (otherwise known as "Obamacare") -- coverage under the ACA is usually much less expensive for persons who find themselves suddenly unemployed because it it based upon income. The difference in price between COBRA and the ACA can be staggering because COBRA requires a person to pay a full premium at the employer's rate and the ACA is based completely on income. I have literally seen COBRA charges of $500 per month for an individual plan Vs the same plan under the ACA for about $100 per month. Here is a link to a good website where "Obamacare" is explained for Oklahoma and another link to the website where your son can actually apply for Obamacare in Oklahoma:-https://www.legalconsumer.com/obamacare/topic.php?TopicID=9&ST=OKhttps://www.healthinsurance.org/oklahoma-state-health-insurance-exchange/-Regarding the premium that your son had already paid for May 2016, he should write to his employer when he determines if he needs COBRA or fi he can get something under the ACA. If he can only get COBRA then he should demand that they pay the premium with that money for the month of May 2016 and send him further information for continued COBRA benefits and payments. If he qualifies for the ACA then he should simply ask the employer to reimburse him for the month of May 2016 or he will take the matter to small claims court and seek additional damages for anything else that this has cost him since they terminated his insurance a month early. -Please let me know if you have any further questions. If not, can you please press a positive rating above (third, fourth or fifth star in the ratings section above) so that I will be given credit for my time assisting you. The only way I receive credit is if you press a positive rating above. Your question will not close. THANK YOU MARY