Tag: employment termination

Social Media: NLRB Says Employees’ Job Complaints on Facebook Are Protected

An employer violated the National Labor Relations Act (NLRA) by firing five employees who complained on Facebook — off-hours — about their jobs, an administrative law judge for the National Labor Relations Board (NLRB) held. So the employer must do penance by rehiring them and making them whole for any loss of earnings and other […]

Resuscitate COBRA Premium Subsidies to Help Unemployed, Commonwealth Fund Says

In the waning days of the COBRA premium subsidy, The Commonwealth Fund is calling for the program to be resuscitated as a way to help unemployed and uninsured workers until health care reform is fully implemented. In an Aug. 24 issue brief,  the Fund noted that “the worst economic downturn since the Great Depression has […]

Chronically Ill Spouse Is No Excuse for Poor Work Performance in Association Discrimination Claim

Recently, an employee argued in an association discrimination claim that he was fired because his employer feared he would be distracted at work by his wife’s disability. That excuse didn’t pan out, because in fact the employer was just fed up with the individual’s poor performance, making it a legitimate employment termination. So in a […]

Did You Know COBRA Notices Make Good Wedding Gifts?

COBRA Administrators: No need to order gifts off a wedding registry for soon-to-be-married employees — just print out and present to the couple a copy of the general/initial notice for COBRA continuation coverage, according to COBRA expert Paul M. Hamburger, Esq. Well, before you take this too seriously, some context is necessary. Hamburger, contributing editor […]

Firing Employees for Gross Misconduct: How Is COBRA Coverage Affected?

Employers should tread carefully when deciding not to offer COBRA continuation coverage due to “gross misconduct,” as a recent court case reminds. Here, a federal district court in Ohio held that a former employee’s conviction due to a sex offense, which led to his employment termination, was not yet enough to deny COBRA coverage due […]

COBRA Premium Subsidy Law —What a Difference a Year Makes

Last year around this time, COBRA administrators were waiting with dread to see if Congress would enact yet ANOTHER extension to the continuation coverage premium subsidy law. The law had been extended three times before, so why not four? But due to the political shifts in Congress as a result of the 2010 elections, and […]