employer changed last day of employent without telling me - leaving me uninsured

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kls1212

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I resigned from a large corporation last month. I explained to my manager that this was strictly a financial decision. He stated that he would like to keep me, so he would go to HR and see if they can increase my salary. He told me that I would need to send him a resignation letter right away so he could begin working on it. I sent him one and stated that I was giving my 2 weeks notice and my last day of service would be Feb. 18th. During these last two weeks, the team was away at a meeting. My manager told me to sit tight and not attend the meeting. Since I am in sales, I do not report to an office. However, it was my intention to stay with the company, so I continued workin from home until I heard from my manager.
On Feb 8th he told me that he could not increase my salary. He did not say anything about changing my last day of employment, so I had no reason to believe it was anything other than Feb. 18th. Meanwhile, I became very sick and incured about $1000.00 in medical bills. I found out last week that my employer cancelled my insurance on Feb. 5th. They claim that it is their policy to simply pay the employee the last 2 weeks of service. This left me uninsured for two weeks. Furthermore, if I had been told about this policy, I could have started my new job early - giving me a couple thousand dollars in wages. I was not made aware of this policy and, in fact still had the company car and equipment. I had no reason to believe I was no longer employeed. Is this legal, since our last agreed upon email stated that my last day of employement would be Feb 18th? I spoke to HR and they suggested that I use COBRA, but I would to have to pay for that myself and I will not be able to utilize my Flexible Spending account for the large deductible and my portion of medical expenses. When I asked my HR manager if this was legal she stated that she didn't know. She is not returning my phone calls. Please advise. Thank you!
 
I worked until February 8th, when my manager told me that he could not increase my salary. But I in training right in order to sell a drug that has not launched, so my job was to stay at home and study for the launch of the drug. In addition, I offered to go to the meetings or help out in any way with this team or any other team until my last day.
 
The fact that you were willing to work longer doesn't matter. Was February 8 the last day for which you were paid?

You may not know the answer to this one straight out but it will be in the SPD of your health insurance plan. If you do not have a copy, your employer and/or your health insurance carrier is required by law to give you a copy should you ask. When does the policy say that coverage will terminate?

Finally, and I should have asked this before, what state are you in?
 
I was paid until the 18th. I'm not sure what SPD means, but I'm assuming it has something to do with health insurance. I called my provider and they said my insurance was terminated on the 5th.

I live in CT, but work in NY. I'm in sales, though, so I do not report to an office. The home office is in NJ.

Thanks for your help.
 
SPD is Summary Plan Description - the handbook they give you that describes your benefits. You'll need to see what the SPD says about when coverage terminates before I can take this further.
 
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