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Cobra Denial
Benefits & Compensation
Cobra Denial
Exchange ideas about health plans, retirement, work/life benefits, and employee assistance.
My hubby was terminated from his job recently based on completely fabricated allegation of vandalizing a car in the parking lot. Pinkerton made it up. Now the company (a major automaker fallen on hard
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Forums » Topic Forums » Benefits & Compensation » Cobra Denial
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Cobra Denial
posted at 11/13/2008 11:39 AM EST
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Posts: 28
First: 6/18/1999 Last: 11/14/2008 |
My hubby was terminated from his job recently based on completely fabricated allegation of vandalizing a car in the parking lot. Pinkerton made it up. Now the company (a major automaker fallen on hard times) is denying COBRA based on termination for "gross misconduct" What can we do? There was no evidence against my hubby whatsover other than a security guard saying it "looked like" he scratched a Honda in the parking lot with his keys. His supervisor came down & looked at the keys. There was no paint on them. They fired him anyway. His manager & director fought it for 6 weeks, but lost. I'm convinced this was used as a pretext to term him without severance benefits. The company is having massive layoffs.
What can we do about COBRA? I had a stroke 2 years ago & need medcical benefits. |
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Cobra Denial
posted at 11/14/2008 4:02 AM EST
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Posts: 2442
First: 2/12/2000 Last: 9/14/2011 |
(Please note that this forum is dedicated to workforce-management professionals only, and not for employees.)
That said you need to talk to an attorney to determine your rights. You can also try www.freeadvice.com |
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Cobra Denial
posted at 11/14/2008 4:57 AM EST
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Posts: 2146
First: 2/15/2006 Last: 9/14/2011 |
Read this article: http://onque.com/tips/gross_misconduct_exception.html
And then speak with an attorney about how courts in your district have ruled. And to see whether your circumstances could lead to filing a lawsuit for denied benefits. Most employers don't want the possibility of the lawsuit and will grant COBRA unless they have a really really good case/cause. |
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Cobra Denial
posted at 11/14/2008 8:00 AM EST
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Posts: 2442
First: 2/12/2000 Last: 9/14/2011 |
Sorry if my response left you feeling ;-( but you were talking about a personal issue and not a company issue and second my advice was the only sane advice that can be given under these circumstances. That is have an attorney review the facts to determine what steps you can take. |
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