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Small Claims Suit

Discussion in 'Human Resources' started by Trikdagain, Apr 26, 2017.

  1. hrforme

    hrforme Active Member

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    Have you read ANY of my postings? I suggest you do and that you read up on some of the links that I have pointed you to. I've been in HR consulting for close to 20 years doing benefits so I am VERY close to this issue. I am NOT an attorney however. I just know what I would counsel a client to do...and I've given you that free advice. And you just keep ignoring what I am saying. If I knew your company name, I would report you to the DOL myself just because you are refusing to understand or admit the employer's error or to make what seems to be an easy correction (at least for this one employee)

    This is about MUCH more than $2k at this point. But if you can't see that, you will continue to repeat bad mistakes...I really hope the whole business is not run this badly.
    army judge likes this.
  2. ferretrick

    ferretrick Member

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    I'm sorry, are you actually reading people's replies? This is a much bigger issue than your small claims suit. You potentially have violated ERISA (the HUGE law covering employee benefits and 401k plans-think huge, HUGE penatlies) and the PPACA (Obamacare, more huge, HUGE penalties). You could be subject to a DOL audit-trust me, something you do not want.

    I agree with hrforme that your best bet may be to pay this employee whatever she asks for and pray nobody else pursues something. And you should definitely consult a qualified employment attorney about what exposures you may have.
    army judge and hrforme like this.
  3. Trikdagain

    Trikdagain Law Topic Starter New Member

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    Relax no ERISA violations have been made.

    Plaintiff finally emailed me her doctor bills which were, in fact, for doctor visits dated after 3/16/16, the date she resigned.

    I spoke with the insurance company who confirms that they termed her coverage effective the date she resigned as per usual course.

    And, no, I haven't had time to read every single post until today, as I am managing an office by myself and am up to my eyeballs in work.

    I do appreciate your time and expertise. Thank you very much for helping.

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