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When I am terminated, can a company terminate my benefits…

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When I am terminated, can...
When I am terminated, can a company terminate my benefits immediately also?
Submitted: 7 months ago.Category: Employment Law
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Answered in 5 minutes by:
12/1/2017
Employment Lawyer: Marsha411JD, Lawyer replied 7 months ago
Marsha411JD
Marsha411JD, Lawyer
Category: Employment Law
Satisfied Customers: 20,932
Experience: Licensed Attorney with 29 yrs. exp in Employment Law
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Hello,

Thank you for your question. As a general rule, yes, an employer may terminate benefits effective the day of the termination. That said, if there are insurance policies at play, then the language of the Summary Plan Description, which summarizes the rules under the Policy Plan controls the end date of benefits. In other words, then SPD should say what happens to benefits upon termination of employment.

Sometimes, an insurance policy will stay in effect until the end of that month's premium period. But again, the policy will say. If the employee is going to want to elect COBRA coverage for insurance, then once they receive those rights, which under the law can be up to 44 days for the Plan administrator to send, and elect coverage, their policy will be backdated to the last day that their regular employee coverage was in effect.

Please feel free to ask for clarification if needed. If none is needed, then if you could take a moment to leave a positive rating in the ratings box on this page of my efforts to provide you with the information you asked for, then the Site will give me credit for assisting you today. Thank you

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Employment Lawyer: Marsha411JD, Lawyer replied 7 months 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 1st. For some reason, the Experts are not always getting replies, or ratings (at the top of the question/answer page you are viewing or in the pop up box for this question), which is how we get credit (paid by the Site) for our work, that the customer thinks have gone through. In your case I received neither.

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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.

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