I think it was a planned termination.If they fired me a day after they cancelled my ins wouldn't you think so? This is a small business and 1 owner is in the Senate. I've already contacted the insurance company and I have heard nothing from COBRA. The Office MGR should send in my info right and COBRA would contact me-right? Does anyone know where I can find the written law on 30 day ext for ins.?
128651
The Consolidated Omnibus Reconciliation Act (COBRA) regulations have a long, drawn-out history. COBRA was enacted in 1985 to allow “qualified beneficiaries” (covered employees, their spouses, and dependents) to continue group health plan coverage following certain designated events, such as termination of employment. Proposed regulations, first published by the Internal Revenue Service (IRS) in 1987, were amended over the years, but never finalized. In 1998, additional supplemental proposed regulations were included. Earlier this year, at long last, the IRS finalized the proposed regulations, but also issued a new set of proposed regulations.\n\nThe final regulations will be effective for qualifying events that occur in plan years beginning on, or after, January 1, 2000. From now until the end of 1999, employers must operate under a “good faith” standard of compliance and follow either the old (proposed) or new (final) rules. In addition, the new 1999 proposed regulations also require good faith compliance while they are in the finalization process.\n\nThese actions by the IRS add some new rules for employers, but also create new options to help simplify COBRA administration and reduce the risks of adverse selection. Adverse selection often arises under COBRA when a disproportionate number of poor health risks (qualified beneficiaries) select a particular health coverage. In this article, the Editors have highlighted the more important changes that will affect most employers.\n\nThe New Final Regulations\n\nSmall employer plans. The final regulations define a small employer as one who has fewer than 20 employees on at least 50% of its typical “business” days during the prior year. An employer under this level is exempt from COBRA for the year. In determining the number of employees, all common law employees are counted (full and part-time employees); however, individuals such as independent contractors, directors, and self-employed persons are not. Further, the new proposed regulations provide that each part-time employee only has to be counted as a fraction of a full-time employee, based on the number of hours worked.\n\nExample: During 1998, ABC Company employed 22 employees on at least 50% of its business days. As a result, qualified beneficiaries who have a qualifying event during 1999 are entitled to COBRA coverage. They will not lose their COBRA rights as long as they remain qualified beneficiaries, even if ABC employs less than 20 employees in 1999 or another future year.\n\nWhen a qualified beneficiary moves. Under the old rules, if an individual on COBRA moved to another geographical location, the employer did not have to continue providing coverage unless it already had employees in that area with health coverage. The final regulations add that, to the extent possible, the employer must now make coverage available under one of its existing plans, even if it has no covered employees in the new area.\n\nPaying for COBRA. The final regulations clarify that the required premium payments must be accepted when made by a person other than the qualified beneficiary, that payment is considered made on the date it is sent, and that a qualified beneficiary must be given a reasonable period of time (30 days is reasonable) to correct an insignificant payment shortfall after being notified of the problem by the employer. What constitutes an insignificant shortfall has not been defined.\n\nThe Supreme Court’s ruling in Geissel. The final regulations adopt the Supreme Court’s ruling from Geissel v. Moore Medical Corporation, 118 S. Ct. 1869 (1998). The new rule provides that if an individual is participating in another group health plan, including Medicare, at the time continuation coverage is elected, he cannot be denied COBRA based on the fact that he is already covered. However, if the person “first becomes covered after the date of election,” COBRA coverage may be terminated. According to the Supreme Court, w
353409
Clearly, this employees is a detriment to the business, get rid of her ASAP. Begin recruiting for another employee immediately, using all the means at your disposal - Internet, local bartender schools, word of mouth, newspaper ads, etc.\n\nBe sure you have documentation to support your actions, or you could face an "unlawful discharge" lawsuit.\n\nAs to coverage, why could you cover the shift until another bartender is hired.
45507
you should contact the store manager. If the manager doesn't provide any answers for you ask for human resource number or find it out yourself and just explain the situation to them. How you were missed informed. they should help you especially if you mention cancelling your membership
605631
I am actually going through it as we speak (or I should say as I type lol.) I worked for a VERY large (Internationally known) builder in their corporate office. I'll try and make my LONG story short. Not to toot my horn but I was a star employee! Raises, bonuses, the whole sha-bang! Went out for 6 weeks to have my tonsils out; the day of surgery my boss calls and says I'm fired! Not like I could call him and bit&h since I'd just had my tonsils out and the bottom of my tongue cut back that morning. Regional HR called the next day to apologize and said I did indeed have a job to come back to which is what I thought; he (Boss who I'll call Jay) couldn't do that since I was approved from short-term medical leave. Upon my return, NONE of my work had been done, AT ALL! Instead of everyone in my department pulling together (isn't that called TEAMWORK?!?) he road me like a bull! Told me I wasn't doing enough in 40 hours but yet in the 2 years I was there we built 3x the amount that we'd built when I started! I worked every single weekend for 3-1/2 months. I missed one day to take my dog to the vet, worked that weekend and the a*shole wrote me up for working that weekend and said I knew better than to 1.) Go over my 40 hours & 2.) To try and make up my time missed since "I" wasn’t supposed to but yet everyone else in the department was able to make up ANY missed time whenever/however they wished. But again, I'd worked every weekend for 3-1/2 months without him saying I couldn’t. He was rude, he was nasty; he would yell at me and degrade me in front of my colleagues AND my superiors! I even had to quit college (which meant losing a full academic scholarship) just to stay afloat at work. I loved my job and I loved what I did; that’s the ONLY reason I stayed as long as I did. I asked for a transfer to another division but I was told my HR that I had to have Mr. A*shole approve and sign off on it. Sure…. Let me walk in his office and say, “I think you’re an a*shole and I hate working for you; could you please sign this transfer?!?” I met with the VP of my department, VP’s of adjacent departments, the VP of our division, the President of an adjacent division, and finally regional HR. I was basically told I needed to toughen up!? WHAT?! TOUGHEN UP?!? I’d worked on a jobsite managing over a 100 men for the previous 10 years and their all telling me to toughen up?!? Umm… NO! I’m a firm believer in respecting your superiors, however I also believe that respect is earned; it’s reciprocal! If I was the (and I’ll quote him previous to my Medical Leave) “Star” employee, what changed? My work ethic didn’t! If anything I became so wrapped up in my work and (as I mentioned) put college on the back burned, worked 70-80 hours a week, even made myself available to all of our Studio Personnel, Project Mangers, and Superintendents during non-working hours; to the extreme of having the IT guy install all of our work software on my home computer and network me so I could help out everyone out while I was at home at night and on weekends. STILL wasn’t good enough for my boss. I think I’m a pretty tough cookie, working onsite for 10 years building apartments will either make you or break you; and I loved it! But this guy… GOOD LORD! He had me so stressed I pulled all the muscles in my throat from my nasal passage to my voice box and even damaged my voice box, all from stress. I would literally leave during lunch and sit in the back of the parking lot and cry because he was just so mean and nasty to me. That’s when I said enough is enough! Before that I started seeing a therapist and a psychiatrist because he had me believing it was all me! The Doctor said, ENOUGH! I’ve been out on medical leave now since November! Although anything to do with mental distress is hard to prove, it was blatant what he treated me like the red-headed step-child. To be honest, I really didn’t s
274295
I just took an employment law class so I have a pretty good idea that he would not win in the court of law.  As long as he was not fired unjustly, he has no basis to retaliate.  however, you will have to be able to prove that it was him (witnesses) and that the action was indeed in retaliation of the termination.  good luck, what a crappy situation :(  it's going ot cost you both more than what it is worth - if you fired him according to the law, you have nothing to worry about
485781
It sounds like to me that you have been taken for a ride. I would got to the labor board and file a complaint. You got fired, so what is she going to do about it and what do you care. You can cause her some trouble and you may get some back pay out of it. (unemployment)
292690
Read the small print where it indicates what options or reasons that may arise to allow to opt out of your lease.  Also is the lease legal? There may be parts of it that may not be legal.  Is there rent control in your area? In rent control areas, some Cities require leases to have only a 30 day termination notice.\n\nRemember a leases works both ways, how would you fell if the landlord / manager wanted you out soon after you moved in?
434530
Here is the cardinal rule in employment law: You can be fired for any reason or no reason as long as it is not an illegal reason. This is so only if you are an at will employee, which most of us are. If you are not an at will employee, that means you have a contract. Professional athletes have contracts, which expressly says how and when they can be fired. That usually means that they can only be fired for cause. I doubt you have a contract. Most people don't. That means that you can be fired without cause. It means that you serve at the will of your employer. I don't have a contract and most people don't. We can all be fired for any reason or no reason as long as it's not an illegal reason. \n\nSo this business as to when you were fired is totally irrelevant unless they didn't pay you for that five days. If you were working for that 5 days, they totally owe you for it. It sounds like you worked for a pretty big outfit that has a significant procedure for firing a person. That doesn't really matter. The procedure is to protect the company not to protect you and not to give you any more rights than you have. The company just wants to make sure that you aren't being fired for an illegal reason. The when and how is irrelevant.\n\nWhat might be an illegal reason? They can't fire you because of race, religion, gender, or national origin. They can't fire you if you are a whistle blower. They can't fire you if you are disabled (unless you can't actually do the job and they can't feasibly change your job to suit your disability). They can't fire you because you didn't want to have sex with someone. And there are other reasons for which they can't fire you. But if you did something like hit someone, steal money, or were insubordinate, you can be fired on the spot. However, big companies, in order to ensure that their supervisors making personnel decisions don't break employment laws, have procedures, which yours apparently had. The reason is that the company is liable for a supervisors illegal personnel decision. If they weren't liable, companies would not have such procedures. But all companies have different procedures.
565670
as an at-will employee they dont need a reason to fire you. if they do you can claim full unemployment benifits instead of the partial your getting now. might be a good time to look for a new job
429317
Unless you have a contract, you are an "employee at will."  What your employer is telling you is that they want you gone, and would fire you except they'd have to pay unemployment for you.\n\nIt's time to move on.
424465
I worked at a bank for 6 weeks and one day they called me in and just said "You're Fired."  That's all they said.  So I threw a fit and I went to the owner of the bank and told them that legally they had to give me a reason or I would contact a lawyer.  They couldn't come up with a reason so needless to say I worked for that bank for 4 more years until I quit to have my baby.  They have to give you a legit reason for firing you or you tell them you're getting a lawyer.
104656
herniated disc 10-12-01. GET A LAWYER! the fact the injury happened on the job is the real issue, not weather or not you are working there now. If wc paid once they will continue until your doctor releases you. If you need surgery find as much about the surgeon as possible. Alot of times ins companies give you to the lowest bidder so be careful. Keep in touch if you need anything, I'm on messenger. Its good to know that you did report it, and start treatment. Chris 26 m GA
254793
That is the best question ever ask. Does anyone work for INS? I think its just a few government buildings with the Name on the door.When you call you rarely speak with anyone unless you wait for 30 min or more.
357154
Employment terminated for personal reasons. \n\nAnd your previous employer can say anything they want, depending on policy. But most times, they will only tell what is asked, which is almost always just time of hire and time of termination.
8980
I'm no expert on Work Comp in OK (I do know they have some silly rules) but it would seem that they cannot stop your health insurance. You aren't on COBRA. You are still considered an employee and thus if the company pays for its employees health insurance then they must pay for your insurance regardless if you injured. Now, with that being said, what does your employee handbook say about leaves of absence. I would consult HR at your companay.
389768
Your letter sounds heartfelt and truthful, which is good.  Did you send it already?  I would also call your manager or whomever let you go and explain your situation too as well as mail the letter.  Most places if they feel you are heartfelt would like to give seconds chances.  I don't know the reasoning behind why you were terminated, and I am sure that they will take that in to consideration too.  If  I were you I'd start looking for another job, too, just incase this falls through.  Good luck.
644707
not calling in for a week is considered 'job abandonment', in which case, you have no case against them. I know this is a legit reason for termination, because it was used on me. However, I *had* called in. In fact, I had worked a full 10 hour shift during the time they claim they had not heard from me. However, it wasn't worth it to me to fight them in court. Maybe I should have. Turns out, they were fighting like 10 lawsuits at one time.