Termination

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    “Qualifying events” are events that cause an individual to lose his or her group health coverage and trigger a plan’s COBRA obligations. The type of qualifying event determines who the qualified beneficiaries are for that event and the period of time that a plan must offer continuation coverage. For more information on this...

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    Of all the federal laws governing the workplace, COBRA (the Consolidated Omnibus Budget Reconciliation Act of 1985) is at the top of the list in terms of complexity and confusion. COBRA is basically a safety net for employees and their families to keep their health insurance, at their own expense, when they’re between jobs or other life...

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    Under COBRA, group health plans must provide covered employees and their families with certain notices explaining their COBRA rights. They must also have rules for how COBRA continuation coverage is offered, how qualified beneficiaries may elect continuation coverage, and when it can be terminated. For more information on this subject, visit...

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    In the preceding article, we reported on a case in which the court found an employee's evidence wasn't sufficient to support a claim of reverse race discrimination. But in this case, a federal court rejected an employer's request to dismiss a reverse discrimination lawsuit, finding the facts alleged by the employee properly asserted a plausible...
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    The 3rd Circuit recently ruled that an employer's statements that its employees would remain employed if they did their jobs and stayed out of trouble didn't create an implied employment contract sufficient to overcome the presumption of at-will employment. Facts Karen McCrone, Daniel Arminio, Jose Hernandez, Emanuel Hodson, Denise Molineaux,...
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    An employee recently lost a retaliatory discharge lawsuit because he couldn't prove the decision maker knew he had made complaints about discriminatory workplace comments. This case has been in the courts for a while. In fact, the U.S. 6th Circuit Court of Appeals (whose rulings apply to all Kentucky employers) sent the employee's retaliation...
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    An appeals court recently went to great lengths to reinstate a lawsuit against an employer that allegedly ignored work restrictions issued by a physician, failed to completely follow its own attendance policy, and referred to its employee as a "liability" when he requested Family and Medical Leave Act (FMLA) leave. Facts Alan Demyanovich...
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    The U.S. District Court for the Western District of Kentucky recently ruled that a supervisor's statement that he would replace an employee with an "ass-kicking bad ass" wasn't evidence of "personal bias." Facts David Bzura, who is over 40, worked as a store manager for Lumber Liquidators, Inc., from January 2005 until April 2013. James Davis...
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    Q We want to terminate an employee for performance issues. However, once he realized he was in trouble performance-wise, he began complaining internally about state contract violations. We recently had a site visit investigation from the state, and we suspect the employee anonymously complained. Can we still terminate his employment, or will he...
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    On April 15, 2014, the Missouri Supreme Court issued a decision that significantly lowers the burden of proof for claims of workers' compensation retaliation under Section 287.780 of the Missouri Statutes. To prevail on a claim under the previous standard, an employee was required to prove that filing a workers' comp claim was the "exclusive"...
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