Tag: termination

Question: When an employee is on leave and chooses not to elect COBRA continuation coverage, can he continue coverage when he returns? If he does not return and terminates employment, can he elect COBRA based on a termination date separate from the leave period? Answer: Check your health care plan document to determine how the plan handles…

Question: I just learned that one of our employees has been incarcerated and will not be released for three months. Can I ask his probation officer the following questions: (1) What are the current charges against him? (2) When was he incarcerated? (3) Has there ever been any assault/violence charges filed? (4) Why is he…

Question: I have an employee stating that he is going to quit but who hasn’t officially given his resignation. Can we terminate the employee now? Answer: While an employer has the right to decide who works at the company, especially in employment-at-will states, the best practice would be to talk with the employee and confirm…

Question: What documentation is required to properly terminate an employee? Answer: The best practice is to review requirements for the state in which an employee works; many states have requirements specific to their locale. Employee termination packets generally consist of required federal and state documents as well as those that are company or industry specific….

Question: Our employee recently returned from maternity leave having used up all her CFRA, PFL, and FMLA. She worked for three days and is out on disability again due to post-partum depression. When she comes back to work is she now eligible for leave again? Are we required to hold her job for her? What…

Question: If an exempt employee gives a two week resignation notice, do we have to honor it or can we separate early without compensating the employee for the two weeks? Answer: An employer may accept the employee’s voluntary resignation, or release the employee in advance of the stated resignation date, or in extreme situations determine…

Question: How long can a terminated employee remain on COBRA in California? Answer: The answer depends upon the employer size, and the maximum amount of time for a terminated employee in California is 36 months. California’s Continuation Benefits Replacement Act (Cal-COBRA) applies to employers and group health plans that cover from 2 – 19 employees….

Question: A long-term employee is retiring next month and has just begun having performance issues. When we addressed them with him, he became hostile and abusive, alleging various forms of discrimination during his tenure with us. What should we do? Answer: Considering the actions that have taken place, you have two sensitive issues to address:…

Question: Must medical coverage continue if we pay severance on a weekly basis for several weeks after the employee has terminated employment? Answer: When an employee is terminated or resigns, benefits end as stated in your summary plan description (SPD), so check your SPD first. This is typically described in most plans as either the…

Question: On the day we terminated a California employee, he still had unreimbursed business expenses pending. Do we need to immediately reimburse him or can he be paid on our normal expense reimbursement cycle? Answer: Unlike final paychecks under California rules, you may process the expense reimbursements according to your company’s customary reimbursement schedule. Employees…