OT: The Grinch Visited on Christmas Eve

Just as Sarah and I headed out to pick up a few things from the store on Christmas Eve, the mail carrier came by with a package and several envelopes. When I looked at one of the envelopes it was from a company I didn't recognize and looked official, so I opened it. It was a letter from the company that is administering the COBRA benefits for my husband's company. At the top of the letter, it said that the qualifying event was 'Termination of Employment' and that it is effective '12/31/2008.' We haven't been notified that Ben has been laid off yet and of course it came late enough in the day that we couldn't talk to anyone at his office, so we don't know if he has already been laid off or if he is going to be laid off... the letter from this subcontracted company makes it look like he's already been laid off and Ben hasn't been notified yet. He called his HR department and immediate manager and left messages... I hope that someone in his office will get back to him today...

 

I am sorry that this happened at all and really sorry it happened Christmas Eve.  Talk about putting a damper on your holidays...  I can only hope as one door closes, another one opens.  I wish and pray for you that this is true. 

Sandra,

Thanks... me too!

That's not a very professional or even polite way to handle that, especially on Christmas Eve.

However, I too hope there will be a new door opening for him soon!

Thank you ... I agree and hope so too.

 

What a terrible way to tell someone they are done working! They could of called him! I hope he finds something better

Thanks Darcie... I think it's right in step with what happened when he submitted his paperwork for the FMLA... Now, I guess we need to find out if he has indeed been laid off and if so, is he still on Short Term Disability, because he can't even apply for unemployment until after he is released to return to work and then there will be a one week waiting period.

As you say, we are both hoping that something better comes by... He's already starting to look, but of course, this isn't a very good time of year for that, nor is the hiring climate very good ... if you believe in prayer, we could use a few.

How are you feeling? You've been on my mind lately.

Hey girl!
I may be wrong, but I do not believe they can lay off someone who is on disability.  I think (note that I am not licensed as an attorney in NC) that it is a violation of the Americans with Disabilities Act.
Every company I have been associated with had to wait until someone came off disability before they could lay them off.

This smacks of a clerical error in my mind. 

Please keep us updated!

Hi Robin,

Ben spoke the VP of HR today who said he knew nothing about it and that there wasn't anyone to talk with today. He'll check into it and call Ben back Monday morning. I've checked the FMLA website and googled the issue and apparently, if you were slated to be laid off anyway, you can be laid off while on FMLA. The thing that is strange, is that his company did have a layoff the day after his surgery and a significant number of people where hit in the layoff, but he has not been notified that he was laid off, yet we got this letter indicating that he is being terminated effective 12/31/2008. All in all, it's very stressful and we don't know what his status is and probably won't for a few more days.

Remember that FMLA and ADA are two different items with different requirements.  If Ben is considered on short term disability then even tho he's on FMLA he is possibly also covered by ADA.  
Also, I don't know if I mentioned the WARN act (Worker Adjsutment and Retraining Notification Act).  But it may cover him.   here's the link -  http://www.doleta.gov/programs/factsht/warn.htm

If the VP of HR doesn't know anything about it, then again. I'm betting it's an administrative error. 

Hang in there!