• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

a little advice please

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

csound1

Junior Member
What is the name of your state? IL

I have recently been let go from my office administrative job, I had worked for the company for 4.5 years and had received raises, bonuses and 2 weeks vacation pay each year. 1 year ago the office controller was discovered to have been stealing funds, he was let go, after that event many changes started to take place.

I am a single mother with children at school, because of this I have worked 9am to 3pm, 5 days a week since joining the company, in November of 2004 my bosses indicated that they would prefer me to work more hours, they offered me $2000 per annum and health insurance in return for 10 extra hours per week, although I thought the offer was meagre I accepted it. The new regime was to have started Feb 1st 2005, on that day I asked for the papers I would need to fill in for health insurance, I was then told that I would have to wait 90 days before I was eligible. I wrote a letter to my employers stating that this was not the deal originally offered, and if it had been I would not have accepted it. I further stated that I would continue in my current duties under current conditions but would not work extra hours until the deal originally offered was honored.

They let me go at the end of the day last friday, so far I have not received any of the monies owed to me, or my vacation pay, I have however received a letter from my employers claiming that I have been dismissed for misconduct, the misconduct stated is that I 'pressured' them to provide me with health insurance, no other claim of misconduct is made, I did not pressure them at all, I merely insisted that the original offer was the one I was prepared to accept. I am concerned (with 2 children to feed) that their 'misconduct' claim may affect any benefits I seek while I am looking for a new job, I am also angry at such shabby treatment and wonder if there is any advice you can offer me as to my position.
 
Last edited:


cbg

I'm a Northern Girl
Depending on how the eligibility requirements are written in the insurance policy, they may not have any choice about the 90 day wait. It is by no means unusual for there to be a 30 or 60 or 90 day wait AFTER you become eligible, which would mean after you began working the extra hours. If this is the case, and it's written into the insurance contract, it's a shame it wasn't communicated to you more clearly but it's something you have to chalk up to "possibly unfair but not illegal".

In my opinion, terming you was overly harsh but it was also not illegal. Under Illinois law, they have until the next regular payday to release your final pay or any vacation time due.

I will be very surprised if this "misconduct" is sufficient to disqualify you for benefits. I can't promise you that they won't contest, but the burden of proof will be on them to show that the misconduct reaches the level of disqualification.

SuzieWahoozie, another regular on this board, is a long-time HR professional in Illinois - she may have some additional thoughts for you.
 

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top