My position was eliminated earlier this year, March 5 to be exact. My employer did not mention to me anything about

Expert's Assistant chat
Customer: Hello. My name is***** position was eliminated earlier this year, March 5 to be exact. My employer did not mention to me anything about cobra or in my case a newer item—mini COBRA. Our organization had 10 employees before they let me and another coworker go on the same date – – March 5. I am very concerned that I was not informed of this option as I would have taking up the offer and paid my premium at 100%. The organizations policy always spoke of COBRA
JA: Is this regarding an at-will position or was there a contract of some kind?
Customer: I was a full time employee at the Ohio Library Council For over 33 years. So I think it was an at will position
JA: What kind of workplace is this (private sector, public sector, etc.)? How many employees?
Customer: For over 33 years. So I think it was an at will position. It is a professional association representing Ohio’s public library’s and their staff
JA: Have you talked to an Ohio lawyer about the termination?
Customer: It is a professional association representing Ohio’s public library‘s and their staff .
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: I am not concerned about the loss of employment, although I am but I believe it being an at will employer that they were well within their rights to terminate made by way of elimination of my position. Yes please. In my exit interview my employer notified me that the organization did not pay their portion of the monthly premium for my medical insurance and that also my last check would show that they did not take my personal portion of the premium out of my last check as well. My big question is was it legal for them to not pay for coverage for me and allow me to pay my portion for the month of March? It just was all such a shock at the time that it didn’t occur to me but I don’t see how it is legal for them to not of paid me for the paid my insurance premium for the month of March when I technically worked there through March 5. What would’ve happened if I came down with Covid or had a serious accident, etc. it seems right to me that they should have given me insurance for the month of March. I know I’ve thrown a lot at you I really appreciate your time and I’m so glad that I found you just by googling a few things and magically here you are. I honestly appreciate any help I can get. My employer or ex employer is very intimidating and I don’t want to approach her without knowing all the facts.
Answered by LawEducator in 14 mins 1 year ago
imglogo
LawEducator
10+ years of experience
logo

204422 Satisfied customers

Expert in: Family Law, Legal, Estate Law, Real Estate Law, Criminal Law, Employment Law, Business Law, Consumer Protection Law, Bankruptcy Law, Traffic Law, Personal Injury Law.

logoimgimgVerified lawyers, 10+ years of experience
Chat with a Lawyer in minutes, 24/7
imglogo

Verified lawyers, 10+ years of experience

Save time and money. Get specialized help.

imglogo
LawEducator
10+ years of experience
logo

204422 Satisfied customers

Jessica

Jessica

Consultant

31,131 Satisfied customers

Pearl avatar
Lawyer's, Assistant
14 Lawyers are online right now.
img

LawEducator, Expert

Hello and welcome to Just Answer. I am Law Educator and I am pleased to assist you today with providing you the answers you are seeking for educational purposes only.

I know your question is important and I’m working on typing an answer to your question now. The site will offer you a phone call and if you do not want a phone call you do not have to worry about taking the site’s offer because I am just as happy to type my answer as to talk.

Sometimes responses and replies take time, and we ask you to be courteous and patient to allow the expert to type answers to you and also to others.

img

LawEducator, Expert

Good evening, how are you this evening?

They never issued you your COBRA notice as  required by Title 39 of the Ohio Revised Code  for employers of less than 20 employees?

Customer
No. I was always aware of COBRA. I was given to understand that you had to have 50 or more employees to have to comply with cobra for your employees. Yesterday a close friend told me that there is a product that is also available called mini cobra. I guess this is intended for employers in some states and Ohio is supposed to be one of them. So I never thought twice when she didn't mention any option at all to continue with the insurance plan. I would have definitely taken the offer even though the premium is pretty steep. I had to cancel several doctors appointments in the month of March and I had fully planned to get as many scheduled and attended to as I could in the month of March. I don't know how long I would've been able to continue making the 100% premium payment for more than a couple of months.
Customer
The second part of my situation is that I listened to the recording I made of the exit interview with my former employer this morning. So I'm confident she mentioned nothing at all about any extension options for my medical insurance. In that meeting she also told me that the company was not paying my March medical insurance premium. She also informed me that they would not be taking my required contribution for the March premium either. My world was sir sort of devastation and depression after this occurred. I had been there for over 33 years. But the thing that really upsets me now that I can reflect back is how she could just decide not to pay the March premium for me and allow me to pay my portion so I would have insurance in March. What would've happened if I contracted Covid on March 1 or had a serious accident on March 5? It just doesn't seem right to me that I worked until March 5 and did not learn that I did not have any medical insurance as of the last day in the month of February.
img

LawEducator, Expert

Good day, here is the answer to your query. Please do not hesitate to ask any follow up questions related to this response and know that I will respond as soon as I can.

I  was  asking about  the Ohio Mini-Cobra.

If you did not get your Ohio Mini-Cobra notice, which under OH law is for employers who employ under 20 employees, this is a  violation of the OHIO law.

The Mini-Cobra in OH applies to private, government and even non-profit employers.

The Ohio Department of Insurance regulates this and you can make a complaint to the Ohio Department of Insurance.

They will not just penalize your employer, they will make them institute coverage as well.

Had you needed the insurance since your termination then you could have sued the employer for any costs incurred.

Customer
it was OK for her to not pay my insurance in March? As I mentioned I had many doctors appointments that I was going to try to cram into the month of March. Until I learned on March 5 in the exit interview that they were not going to pay marches insurance premium. I still can't get past that they let me work into the month of March and I did not even know that I didn't have insurance at that time.
img

LawEducator, Expert

She did not have to pay for your insurance if you had no agreement to pay.

She did have to offer you mini COBRA.

Customer
What makes this a bit more disconcerting is that my friend also told me that from March until September, I believe was the time frame, the premium would've been covered through the federal government. I believe it was through the rescue plan the president put in place or perhaps another plan but they were paying premiums.
Customer
there's no repercussion that I can bring to her attention because she didn't pay my insurance in the month of March. Even though it was punitive to me because I had to cancel all the doctors appointments that I had planned in March. I had annual screenings and also was scheduled for my first ever colonoscopy. I've been told that you should have one at age 50 and I am 54.
img

LawEducator, Expert

You can make a complaint with the Department of Insurance and they will fine the employer that is the penalty.

Customer
How would you recommend I proceed? Should I contact my ex employer or should I go directly to the oversight organization for insurance in Ohio? If I was reading the information I searched for online before contacting you, there can be a penalty imposed upon the company of $100 or $110 Per day.
img

LawEducator, Expert

I would suggest  you do what the state law says and make a complaint to Ohio Department of Insurance and let them pursue the issue on your behalf.

Customer
Thank you very much for your time and your great advice. I must admit that I had hoped that there was some punitive amount that they should have to pay me for making me miss out on medical care since the end of February.
img

LawEducator, Expert

They will have to allow you to get  benefits, but since you did not suffer actual harm (which is when they  would have owed you money), such  as you did not get sick and incur medical bills (thank God), they would not have any other money due to you.

Customer
I understand. Thank you very much. I just hope that nothing is wrong with me medically. The reason the conversation came up with my friend yesterday is because I've been having extreme abdominal pain and also I've never had a colonoscopy so there may be something hidden that I don't even know about.
img

LawEducator, Expert

Let's hope nothing is seriously wrong with you for sure.

You are welcome

If you have questions on other topics or issues, you can ask me directly at https://www.justanswer.com/law/expert-paulm. Please make sure that you type “For LawEducator Only...” in the question subject to ensure that the question is directed to me. You can also add me to your favorites at the bottom of the page so you can get to me more directly in the future.

Sometimes mistakes are made and someone other than me could respond to you. If that happens and you wish to continue with me, please tell them to opt out and I will get to the question

Although I can’t always give good news, I am direct and do my best to simplify things for people to understand.

Thank you very much!

Best wishes,

LawEducator

Customer
Thank you again--Lori
img

LawEducator, Expert

You are welcome

Ask a lawyer and get your legal questions answered.
See all Legal Questions
img
Related Legal Questions
How it works
logoAsk for help, 24/7
Ask for help, 24/7
Members enjoy round-the-clock access to 12,000+ verified Experts, including doctors, lawyers, tech support, mechanics, vets, home repair pros, more.
logoExpert will respond in minutes
Expert will respond in minutes
After you reach out, we match you with an Expert who specializes in your situation. Talk, text, chat, whichever you prefer.
logoSave time & money
Save time & money
No scheduling hassles, missing time from work, or expensive consults.
A JustAnswer membership can save you significant time and money each month.
img
logo 593 Verified lawyers, 10+ years of experience
DISCLAIMER: Answers from Experts on Askalawyeroncall.com are not substitutes for the advice of an attorney. Askalawyeroncall.com is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response as proposing specific action or addressing your specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances should be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on any information received from an Expert, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains. The responses above are from independent, freelance Experts, who are not employed by Askalawyeroncall.com . The site and services are provided “as is”. To view the verified credentials of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service.
Explore law categories
Powered by JustAnswer