Legal Question in Employment Law in Florida

I was laid off 9/9/09. I had payroll deductions for insurance and 401k, through my last paycheck, dated 9/18/09. I just received a letter from the insurance company stating my insurance was cancelled on 9/1/09. I have not gotten an election form for Cobra yet either (more than 20 employees). I also just received my 401k statement (second party firm) and none of the withholdings have gone into the account last quarter and most are missing from the previous quarter, Former employer human resources will not take or return calls. I need the insurance and the missing money in my 401k, what can I do?


Asked on 10/21/09, 2:31 pm

1 Answer from Attorneys
William Gwaltney William W. Gwaltney, Attorneys at Law

It's not possible to completely determine why there is a discrepancy with the 401(k) based on this information. The language of the health insurance policy will determine when and how the termination date is calculated. As for COBRA, you should receive an election form within 30 days of separation. However, if the election form is later than that you have 45 days from the date of the letter to make your election, and the coverage can be retroactive back to the date of separation. Of course you will have to pay the premium retroactively too.

I would suggest that you write a letter to the HR department of your former employer and request they provide you with the information that you are looking for within 10 days.

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Answered on 10/21/09, 10:41 pm


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