WC, COBRA, and Termination
jrmvt
21 Posts
OK this is a 2-parter.
Have an employee who claims to have re-aggrivated a back injury a couple of weeks ago on the job. I've filed with WC, but not sure if carrier has made a determination yet. Employee went to the doctor Wednesday before last and called Thursday to say that the doctor told him to stay out the remainder of the week and come back this week on light duty. Looked at his Work Status Form from the doctor on this Monday and noticed something odd about it. Called the doctor and, sure enough, the employee had altered it. The doctor had said he could come back last week.
This is the second time in the past few months that this employee has tried to pull the wool over our eyes. The other time was a timeclock issue where he was trying to say he worked a lot more hours than he really had and which we confronted him on. He came up with some excuse and we let it slide with a verbal warning. This time we fired him.
First question - Any issues with firing him while WC claim is out there?
Second question - about a year ago we demoted this employee from full-time to part-time because he could not show up for work consistently and was not making even close to 40 hours/week. We do not offer Med Ins to our part-time employees, so we offered him COBRA, which he took. Taking the payments from his paycheck was easy, but I know gettting a check from him for the premiums will be like pulling teeth. Can I wait until I get his check before sending payment to the Ins Co. or do I have to pay and just keep my fingers crossed that he will send a check?
Thanks,
jrmvt
Have an employee who claims to have re-aggrivated a back injury a couple of weeks ago on the job. I've filed with WC, but not sure if carrier has made a determination yet. Employee went to the doctor Wednesday before last and called Thursday to say that the doctor told him to stay out the remainder of the week and come back this week on light duty. Looked at his Work Status Form from the doctor on this Monday and noticed something odd about it. Called the doctor and, sure enough, the employee had altered it. The doctor had said he could come back last week.
This is the second time in the past few months that this employee has tried to pull the wool over our eyes. The other time was a timeclock issue where he was trying to say he worked a lot more hours than he really had and which we confronted him on. He came up with some excuse and we let it slide with a verbal warning. This time we fired him.
First question - Any issues with firing him while WC claim is out there?
Second question - about a year ago we demoted this employee from full-time to part-time because he could not show up for work consistently and was not making even close to 40 hours/week. We do not offer Med Ins to our part-time employees, so we offered him COBRA, which he took. Taking the payments from his paycheck was easy, but I know gettting a check from him for the premiums will be like pulling teeth. Can I wait until I get his check before sending payment to the Ins Co. or do I have to pay and just keep my fingers crossed that he will send a check?
Thanks,
jrmvt
Comments
My question to you is: why didn't you terminate him for his crummy attendance?
I have no problem with termination for falsifying documents, as long as it could be kept to that issue.
I'm unclear on the second question- do you admin your own COBRA? And it sounds as if he was eligible for 18 months- how close is he to losing eligibility?
You can go ahead and make the payment when the premium is due- with or without his check. (I'm assuming it's a group payment?) If you haven't received his check by the same day you mail in payment, I would send him his 30 cancellation notice. If you do not receive payment by the next due date, you can term him back for 30 days and receive credit on your next statement- at least, that is how ours works.
All My Best~
Beverlee - We are too small for FMLA. He loses elig. at the end of 02/08. I have verbally confirmed that with him and wil send a follow-up letter out Monday. Thanks for the info on the insurance payments - that makes sense! Sorry, just never had to deal with a situation like this before.