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Letting an Employee go procedure


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#1 acct106

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Posted 30 November 2012 - 04:47 PM

We have an employee that just reached his 90 days and is eligible for benefits, he just asked for the paperwork and I gave it to him. However it just came to my attention that we will probably have to let him go because the department he is in is cutting back for the season, very slow. My question is what is the law on the medical insurance aspect, could there be reprocutions from letting him go right as his medical insurance is due to him? What would be the best way to handle this????

#2 adjusterjack

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Posted 01 December 2012 - 02:02 PM

As long as he's not a member of a union with a CBA, or has a bona fide employment contract, or is a civil servant subject to statutory employment, he is an "at will" employee and you can let him go for any reason or no reason at all as long as it's not in violation of anti-discrimination laws.

As for the medical insurance, if he was eligible for coverage on the 91st day then he might be eligible for continuation of coverage under COBRA. Check the DOL's website to see how that works and make sure you follow the rules.

http://www.dol.gov/d...plans/cobra.htm

As for how you handle letting him go, you do it like any other employer would do it, sit him down and tell him you're letting him go. Employers do it all the time. If you feel you have to justify it with the "cutting back" excuse, that's up to you.

Warning: Legal issues are complicated. Explanations and comments here are simplified and might not fully explain the ramifications of your particular issue. I am not a lawyer. I do not give legal advice. I make comments based on my knowledge and experience. I guarantee nothing. If you act on my comments without the advice of an attorney, you do so at your own risk.


#3 Guest_FindLaw_Amir_*

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Posted 03 December 2012 - 02:52 PM

You may want to visit Employment Law and Human Resources and read Firing an Employee-FAQ as a good resource to learn more about this subject matter.




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