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September 03, 2010, 07:49:05 PM

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Site Author : Topic: Do employers have to document lay-offs  (Read 523 times)
February 01, 2010, 10:11:41 PM
User No : 3534
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Sorry if this is duplicate, clicked something after typing 1/2 the story and it dissappeared.  My husband was laid off work from a subcontractor in EXON in Dec., as he was leaving the plant the "big"  boss from Texas pulled him aside and told him he was being laid off due to ROF, shook his hand and thanked him for a job well done, told him his pink slip would be mailed with his last check stub ( pay is direct deposited).  2 weeks later I get the COBRA
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February 02, 2010, 02:33:20 AM
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this is Louisiana law, so this would only apply if this happened in Lousiana........but, no, Louisiana is an 'at-will' state. The employee can quit at any time for any reason, and the employer can let anyone go any time for any reason. If he is a subcontractor for Exxon, I assure you this happens all the time. Those particular work forces are very fluid and people are constantly coming and going.

When he fills out his unemployment, just put in the blanks that he was told it was due to a RIF. I presume from the way this looks you probably typed more and it went off into never never land, but that's basically the answer.
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My life has been crazier than a work of fiction.....who'da believed?
February 03, 2010, 08:39:29 AM
User No : 3534
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You are correct my original post  1/2 vanished.  The rest of the story is when we filled out our COBRA paperwork, we recieved infor to fill out for the COBRA subsidy that was made available through the last stimulus, for us the differnece of about 700/ month.  However the employer, denied our eligibility, refused to give us any reason, so I requested a review by the DOL, now the employer is telling the DOL that my  husband along with 14 others walked off the job in the middle of the day, which is an outright lie,  the company he was working for lost alot of work to another company because they were behind schedule and therefore laid off nearly 100 people in a 2 week period.  However because the employer refuses to provide us  any documentation it's simply my husbands word against theirs. (In researching the issue I've found countless sights where lawyers are encouraging employers to routinely deny subsidy eligibility and hope former employees simply don't bother to request a review.)  Well here is the question I wanted to get to, I've contacted HR department to ask for something  to simply document my husband's last day of work and the woman very nervously told me she would have to  see if she could get permission to release that info, she never returned my call, and when I called back she told me that her employer simply would not allow her to release that info. Isn't an employer required to file separation notices with the unemployment office,  and if we qualify for unemployment, we easily qualify for the COBRA  subsidy who's guildlines for involuntary separation are much more lenient than unemployment guidlines.  So what is an employees rights to their own work records?
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February 03, 2010, 11:36:04 AM
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Is he getting unemployment? It might be easiest to go to the department of labor and ask THEM for assistance. They are very good about rattling chains when it is needed, especially when it comes to something like COBRA.
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My life has been crazier than a work of fiction.....who'da believed?
February 03, 2010, 05:09:30 PM
User No : 3534
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I have appealed with the Department of Labor throught their cobra subsidy appeal process, they are suppossed to reach  a decision within 15 days.  I filed my appeal and submitted what supporting documentation I had,  but the rep. say's the company is claiming he walked off the job (It would take a complete fool to walk off a good paying job in this economy, which he is no fool.) and without a layoff notice, which they won't give him,  it's simply a matter of who they believe.  I am worried because it is a classic case of little man vs big corp.  In my experience the odds are not in our favor, and it just seems like the laws are stacked against us, you need verification from your employer to prove your case, yet the employer dosn't want to pay the subsidy so they simply withhold verification.
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