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Employer claiming two different dates of termination.

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funder

Member
What is the name of your state (only U.S. law)? MI

Here I go again, see severance and unemployment question down a bit. This is a different problem.

1. On 2/2/09 employer calls me "in the office" and tells me that I am TEMPORARILY laid off and would be recalled. Also said that benefits would be paid for three months. Temp layoff began immediately.

2. I am not eligible for the 35/65% cobra help because I am on TEMP layoff. I sent in two months of cobra =$900.

3. On March 25, 2009, I get a FedEx letter stating I am on permanent layoff and will not be called back. For almost two months, they were jiving me.

4. On March 7, 2009, I collapsed in a store and had to be taken by ambulance to the hospital and was kept for two days. Because this was close to the beginning of the fiscal year, many of the bills are not covered by insurance because my deductible was not covered. My employer now is saying my date of termination is February 2nd, and not March 25th.

5. I signed up for a FSA and employer began taking $$ per pay period out of my paycheck for medical expenses throughout the year. Since most of my expenses happened on March 7th, they will not cover them. Can they keep using whatever termination date that suits them?

If employer had, in the beginning, came out and said I was permanently laid off they would have saved me some problems. Funder
 


cbg

I'm a Northern Girl
Where is your proof that the employer knew in February that the layoff would be permanent?
 

funder

Member
Not sure if I have "proof" that employer knew I'd be a permanently laid off employee on Feb. 2, but by looking through the Social Security website, I found out info pertaining to my FSA and if my actual date is March 25th, many of the ER bills would be covered.

Thanks to a note made on this site by someone about "reading the SSA website" on this subject. I will try by friendly persuasion to get them to make my termination date March 25th. I still think that's correct. Thanks. Funder
 

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