• 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.

unlawful termination??

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

toothgirl

Junior Member
What is the name of your state? IL

I just got fired on Thurs. my boss and his environmental lawyer wife and I were present. He said he "can't afford" to keep me staffed anymore. I have been there almost 4 years. In that 4 years, he provided me each month with a check for insurance. Suddenly, Monday he wanted proof--canceled checks--for an insurance payment. When I first started we did make a cobra payment. My husband then got a job and I used the check to reimburse us for what we pay out of his check for insurance. There are no rules, policies, or any contract I signed to confirm where the money went. Now they are threatening criminal charges against me....

Trying to figure out if this is just an excuse to get me out? And in Illinois is it legal?
Thanks in advance for your help!
 


las365

Senior Member
You didn't post any information about the reason you were given for the termination of your employment other than that your employer could no longer afford to employ you. That is not a wrongful termination.

I don't know the laws of your state, but I would think that generally, if the employer chooses to pay you a cash benefit in place of providing insurance, the employer does not have the right to dictate whether you use the cash to purchase insurance or not. Most employers would be aware that one can only extend benefits under COBRA for a limited time - I think it's six months. I'm pretty sure that you can't continue coverage under COBRA for four years.

What is the theory under which he proposes to press criminal charges against you?
 

toothgirl

Junior Member
His reason for firing me was he could no longer afford me.

We did only have the cobra for about 7-8 months. Once my husband got a job, we used to money to reimburse us what came out of his check for our benefits. It is the same amount.
Yes, this is what he is claiming to charge me for.
 

seniorjudge

Senior Member
His reason for firing me was he could no longer afford me.

We did only have the cobra for about 7-8 months. Once my husband got a job, we used to money to reimburse us what came out of his check for our benefits. It is the same amount.
Yes, this is what he is claiming to charge me for.
You have no case.
 

Find the Right Lawyer for Your Legal Issue!

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