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termination before a new job

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bmaticic

Junior Member
What is the name of your state?AZ

A disability company that has been working with me for the last two or three months has found me a new job since my employer can not accomidate my perminant restrictions. I am suppost to start on the 29th of August. My question is: the place where I was employed and was injured has not offically terminated me or let me go. The only reason I know that they will not be keeping me is from my caseworker and the disability company.
Can I start this new Job before I am offically terminated from my last one? Or will this affect my wc coverage? I am affriad if I start working at the new job and my employment with my previous company is not terminated, that I will lose any or all coverage on my shoulder. Can somebody please give me some insight on this.

Thanks
 


cbg

I'm a Northern Girl
Your previous employer is responsible for anything related to your injury regardless of your employment status. Nothing whatsoever that you do with relation to your new job will affect that.

Since nothing in the law requires that you be given an "official" termination under any circumstances, of course you can start your new job without one.

If it bothers you, however, why don't you send in a letter of resignation? That won't affect your w/c either, and accomplishes the same thing.
 

bmaticic

Junior Member
That settles my nerves. But I have one other question.
I have insurance at my previous job and am still covered under it at this time. If I start this job can they come after me for what the insurance would cost. My wife is pregnant and my previous employer knows this and the new employer does not have insurance. Can they make me pay for the insurance if they dont let me go even if they now I have a new job. They have been notified about the job almost a month ago and still have heard nothing from them. Thanks
 

cbg

I'm a Northern Girl
I'm not quite sure what you're asking. Your employer has no legal obligation to pay for your health insurance once you are no longer employed. You seem to believe that the full burden here is on your employer to "terminate" you, and that is not the case. You are not working any longer - you are unable to perform your duties with your medical restrictions. Your employer is aware of your new job - to all intents and purposes you are terminated already, regardless of whether or not you have received a formal notification.

Once you are no longer employed by the old employer, either you pay for the insurance via COBRA or it is cancelled. Your employer does NOT have to pay for it while you are employed by someone else.
 

bmaticic

Junior Member
I know they do not have any legal obligation to pay for my insurance. According to my caseworker My employment was to be terminated on 4-22-05 yet I am still recieving paystubs and they have the insurance as being paid like I am still working there. I even have my electronic key card to get into the secure areas of the facility. No option for cobra has been offered to me at this time. I guess what I am asking is can they come after me for the premium's that were paid on my behalf if I was suppost to have been terminated in april of this year?
 

cbg

I'm a Northern Girl
In some circumstances they can, but there isn't enough info in your post to know if this is one of those situations or not.

How long have you been off work? (I'm talking about since the very beginning of your workers comp claim.)
 

bmaticic

Junior Member
I originally hurt my shoulder in Jan of 03 and had surgery in August of 03. I was only out of work for 2 weeks after the surgery. I went back to full duty in late November because I was told if I couldnt I would be let go and I didnt know any beter and I got my doc to release me. In April of 04 My shoulder went out on me again doing the same thing that originally caused the injury. In October of 04 I had the second and more intense surgery and was off work until late January of 05 because my employer said there was no light duty for me to do. In Jan they decided to let me back to work under light duty from pressure from the wc carrier. On April 8 my doc and the IME doc gave me my MMI status and permanint restrictions. On April 22 I was sent home from my employer being told that they had to get approval of what I was doing at work from my Dr. Three days later I was told that I couldnt come back until all the paperwork was done. In May is when a disibility company started to work with the insurance and had an interview with me. On Aug 1st I was called by the disability comp. and told to go fill out an application for a new job at one company. I did that and on Aug 17 the job was approved by the ICA and I would have to start work on the 29 of Aug. On the 17th the disability company had told me that I had been terminated by my previous employer on April 22nd. I called my caseworker and he also said that I was terminated on that date. I have tried calling the HR Manager from my employer and he never calls me back. I have even been there multiple times. I visit my cousin who works there now and have lunch with him at least once a week and talk to all the managers and no one has ever given my any indication that I have been terminated. I know it is there policy that they have to do an exit interview with all employee's that are terminated and I have never done this.

I hope this helps some. Sorry it is long and trust me I left a lot of it out to make it this short.

If you cant make heads or tails of it or not sure what I am talking about. You dont have to reply. You have given some info that is usefull and I dont want to wast your time.

Thanks alot cbg
 

cbg

I'm a Northern Girl
If I am following you correctly, this is *probably* not one of the situations where they can require you to repay them for the insurance. I'm not positive because I'm not sure if I've fully understood, but I wouldn't worry too much about it. Many employers don't require that even in the circumstances when they legally can.

It really doesn't mean much that they haven't done an exit interview, even if doing so is company policy. Exit interviews are done primarily to find out why the employee found it necessary to leave and if there was anything the company can/should have done; for example was anyone harassing the employee? Did they feel they were fairly/unfairly treated? and so on. They already know why you're leaving; thus an exit interview would be a waste of your time and theirs.
 

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