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Denied COBRA and False Termination Records

Roscoe, IL |
Filed under: Employment

I resigned my position from my job on October 28th of this year after a 6 week maternity leave because I was unable to return to work as my son was born prematurely and required frequent doctor visits after we got home from the hospital. My employee status was listed as active until Dec 8th, when I finally contacted them and asked how long it would take because I was anxious to get my profit sharing information. The very next day I was "coded out" and I just received a letter today stating that I am ineligible for continuation of insurance benefits under COBRA because my "employment was terminated for one or more reasons amounting to gross misconduct." How can they have coded me out this way when I resigned?? Is this legal???

Attorney Answers 1


It is not legal for the company to provide false information in terms of an employee's separation from employment in order to deprive her of statutorily guaranteed benefits such as COBRA. You should immediately contact a local attorney who specializes in employment law to assist you in this matter.

The response given is not intended to create, nor does it create an ongoing duty to respond to questions. The response does not form an attorney-client relationship, nor is it intended to be anything other than the educated opinion of the author. It should not be relied upon as legal advice. The response given is based upon the limited facts provided by the person asking the question. To the extent additional or different facts exist, the response might possibly change. Attorney is licensed to practice law only in the State of California. Responses are based solely on California law unless stated otherwise.

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