Employment Law

Employment law questions? Ask an employment lawyer.

Ask a Lawyer,
Get an Answer ASAP!

I had worked for 17 years for a large firm; the first 14…

Customer Question
I had worked for...

I had worked for 17 years for a large firm; the first 14 years were with full time benefits. The last 3.5 years I was part-time. During the last two years everyone in my category was changed from an at will employment status to contract status that included a one year non compete and required 90 days termination notice from either party. The contract also stipulated that my benefits would be those offered on a corporate wide basis according to HR policy. Corporate decided to end health care benefits to part time workers, at least those working less than 24 hours per week. Thus I was slated to lose health insurance benefits while facing a 12 month non compete and a 90 day termination clause. Private health insurance would have cost me 50% of my take home pay, due to my age (over 60) and financial status. Was this a “forced termination”? I opted to take early retirement so that I could qualify for a COBRA.

Lawyer's Assistant: Because real estate law varies from place to place, can you tell me what state this is in?

North Carolina

Lawyer's Assistant: Has anything been filed or reported?

No

Submitted: 4 months ago.Category: Employment Law
Show More
Show Less
Ask Your Own Employment Law Question
Answered in 2 minutes by:
1/3/2018
Employment Lawyer: Legal Eagle, Lawyer replied 4 months ago
Legal Eagle
Legal Eagle, Lawyer
Category: Employment Law
Satisfied Customers: 11,456
Experience: Licensed to practice before state and federal court
Verified

Hello! I am a licensed attorney, admitted to practice in state and federal court. I have a nearly 100% satisfaction rating (click here for more info) so all that means is that you can count on me to help today. Because I want to provide you with the most accurate answer possible, do you mind if I take a moment to review your question?

Please keep in mind that our conversation does not include an attorney-client relationship and this is for general information purposes only.

Ask Your Own Employment Law Question
Employment Lawyer: Legal Eagle, Lawyer replied 4 months ago

Thanks so much for your patience. So, employers are generally allowed to terminate employees at any time and for any reason. This means that they can switch them from full time to contract basis, limit their health care benefits (to a degree), and also include non-compete clauses and require a time limit for when they must give notice. Usually, companies that are mismanaging their money or facing considerable expenses will do such a thing. It's not generally illegal for them to do so unless they are doing it on the basis of age, race, sex, gender, religion, or sexual orientation. If that is the case, then you may be able to challenge a termination. Otherwise, you may not have much recourse. I'm very sorry.

What other questions did you have for me regarding this?

Ask Your Own Employment Law Question
Was this answer helpful?
Ask Tina Your Own Question
Tina
Tina
Tina, Lawyer
Category: Employment Law
Satisfied Customers: 8,184
8,184 Satisfied Customers
Experience: JD, BBA, recognized by ABA for excellence.

Tina is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

I must thank you all for such a positive and knowledgeable Expert in your Employment Law category. She has provided much relief and answers for me in the midst of dealing with a case. I am totally pleased with her customer service and care.

MildredWashington, DC

Excellent direction from Socrateaser to help me preserve and pursue my rights as a proud American who has become unemployed in this messed-up economic downfall. Thank you

Happy CustomerDenver, CO

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

< Previous | Next >

Meet the Experts:

Tina

Tina

Lawyer

8,184 satisfied customers

JD, BBA, recognized by ABA for excellence.

Allen M., Esq.

Allen M., Esq.

Employment Lawyer

12,976 satisfied customers

Employment/Labor Law Litigation

Marsha411JD

Marsha411JD

Lawyer

12,406 satisfied customers

Licensed Attorney with 29 yrs. exp in Employment Law

Infolawyer

Infolawyer

Lawyer

12,335 satisfied customers

Licensed attorney helping employers and employees.

JB Umphrey

JB Umphrey

Lawyer

6,273 satisfied customers

Assisting employees and employers for over 14 years.

John

John

Employment Lawyer

3,991 satisfied customers

Exclusively practice labor and employment law.

Dimitry K., Esq.

Dimitry K., Esq.

Attorney

3,007 satisfied customers

I provide employment and discrimination law advice in my own practice.

< Previous | Next >

Related Employment Law Questions
I worked with a Canadian company and they terminated but are
I worked with a Canadian company and they terminated but are refusing to pay the last 2 weeks, they say because of breach of contract but that is not in the signed agreeemtn. what can I do… read more
LegalPro54
LegalPro54
Doctoral Degree
1,258 satisfied customers
Are you an attorney? South Carolina. Termination of
individual was here on E2 visa, was to purchase 50 shares of stock, but failed to make payments under the contact, was found to be working on getting her boyfriend into the US to start a different business in competition to the one she was to be here on her E2 and was terminated. She has hired an attorney but it is not in suit yet, as President and CEO can I speak for the company in this matter?… read more
Allen M., Esq.
Allen M., Esq.
Employment Lawyer
Juris Doctor, Cum Laude
12,976 satisfied customers
Is there any case law for termination of an employee for
Is there any case law for termination of an employee for speech prior to being employed. Like 5 years before. … read more
Allen M., Esq.
Allen M., Esq.
Employment Lawyer
Juris Doctor, Cum Laude
12,976 satisfied customers
Is there a statute governing transactions of a terminated
Is there a statute governing transactions of a terminated salesperson? To be specific, does the law say that an Agency owes commission to a terminated agent if the deal closes after their termination?… read more
LegalPro54
LegalPro54
Doctoral Degree
1,258 satisfied customers
I have already paid my first payment of cobra, when online
I have already paid my first payment of cobra, when online to pay the second second month and it had we up from $619.00 to $705.00, and I had to pay the difference for the previous month. I have never… read more
Phillips Esq.
Phillips Esq.
Attorney
JD
19,591 satisfied customers
Can a US citizen be terminated and replaced with an
Can a US citizen be terminated and replaced with an immigrant on a L-1 visa? … read more
Infolawyer
Infolawyer
Lawyer
Doctoral Degree
12,335 satisfied customers
I was recently terminated....and only knew it because I
I was recently terminated....and only knew it because I received COBRA info saying I was terminated. No one called or said anything to me personally. … read more
Pheobe Clark
Pheobe Clark
Attorney
JD
130 satisfied customers
I was terminated. The language used in my termination was
I was terminated. The language used in my termination was "result of company reorganization". I had not received notice of any disciplinary issues. My job was posted as available within one business d… read more
ScottyMacEsq
ScottyMacEsq
Doctoral Degree
17,903 satisfied customers
Ray - another COBRA question. I mailed a monthly COBRA
Hi Ray - another COBRA question. I mailed a monthly COBRA payment via UPS overnight two days before the grace period ended. The UPS label address was missing one digit from the PO box address (I wasn'… read more
Ray
Ray
Lawyer
Doctoral Degree
32,629 satisfied customers
1. My spouse never enrolled me in cobra and his employer
1. My spouse never enrolled me in cobra and his employer would not give me any information on this because it is his private info. They would not send me my COBRA packge. He paid my insurance as court… read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
My employment was terminated on January 4th 2018. In my
my employment was terminated on January 4th 2018. In my severance agreement my employer states that my health insurance coverage ended at midnight that day and that I would be eligible for COBRA cover… read more
Infolawyer
Infolawyer
Lawyer
Doctoral Degree
12,335 satisfied customers
Can I get cobra insurance from my former employer if rather
can I get cobra insurance from my former employer if rather than being laid off I quit on good terms or retire… read more
Gerald, Esq
Gerald, Esq
Juris Doctor
3,868 satisfied customers
I presently have COBRA benefits through my former employer.
I presently have COBRA benefits through my former employer. The company is now in the process of changing plan administrators. I was told my coverage could end, that I would have to re-apply, and that… read more
Attyadvisor
Attyadvisor
Doctoral Degree
7,855 satisfied customers
My husband had Tri-Ad/Cobra. He was approved for spinal
My husband had Tri-Ad/Cobra. He was approved for spinal surgery thru Anthem Blue Cross of FL. Apparently Tri-Ad made a mistake with our last payment. My husband paid online on the 30th of October, his… read more
Infolawyer
Infolawyer
Lawyer
Doctoral Degree
12,335 satisfied customers
I need to find a lawyer to help me get my COBRA benefits
I need to find a lawyer to help me get my COBRA benefits reinstated after our appeal has been denied. … read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
I'm trying to figure out how HRAs work under COBRA. My
Hi. I'm trying to figure out how HRAs work under COBRA. My former employer recently changed health plans and under the new plan, the HRA is bundled with the medical benefit. For their COBRA participan… read more
Marsha411JD
Marsha411JD
Lawyer
Doctoral Degree
12,406 satisfied customers
My COBRA was cancelled after my checking account was closed
My COBRA was cancelled after my checking account was closed due to fraud and the payment was denied. I thought I had already given them the new account number … read more
Infolawyer
Infolawyer
Lawyer
Doctoral Degree
12,335 satisfied customers
In SC can I still get Cobra coverage if employer was paying
in SC can I still get Cobra coverage if employer was paying health insurance if I was fired … read more
Legal Eagle
Legal Eagle
Lawyer
11,456 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x