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| termination vs. lay-off rights |
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Q: My husband was laid -off in Jan. of this year, he was called into an office and told that the bosses higher up had asked this particular boss to let him go. There was no reason given, which left us questioning everything?? The next day several other people in the company were let go too. This leads us to believe we were part of this lay off. We were given 3 months extra insurance and all of his sick pay and vacation pay. We now have to start paying our cobra payments and we have spent the last month trying to get straight answers from the insurance about what we pay, they have now notified us that my husband was fired, and not laid off, and we aren't eligible. What are our rights, and what can we do to contest this? HELP!!
A: Either way, fired or laid off you would be eligible for Cobra coverage. If the company employees more than 20 people and they still have a group health plan in force, Cobra should be an option to you. To apply for Cobra, you have to receive a packet in the mail from your previous employer to enroll. If you have not yet received that information you are going to need to contact them directly. They by law have 45 days to send you that information. If you feel like your rights are not being met you should contact the Department of Labor who oversees the Cobra law at www.dol.gov
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