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C.F.O. hired without benefits

I recently left my most recent role after only 3 months of employment as CFO. My question is I worked there for 3 months as a full-time employee and my boss didn't offer me benefits, but did to all other full-time employees. Additionally, he still hasn't sent me my final check i.e. (my last day was last Friday) or even offered me COBRA benefits. What suggestions do you have?

Answers

Topic Expert
Wayne Spivak
Title: President & CFO
Company: SBAConsulting.com
LinkedIn Profile
(President & CFO, SBAConsulting.com) |

Three (the last two in either order or not at all, or only one option may be used - you get the gist)

1. Call and speak to your former employer. I can't emphasise this point strong enough. Try to resolve the issue amicably. This is the best for all. Inform him, when necessary which laws he may be violating (both Federal and State or Local) and the potential penalties.

PS, what did the health insurance contract say was probation period at this employer? This could impact your COBRA claim, and I believe you would still be eligible under your prior COBRA rights if they were still in effect.

If that is unsuccessful:

2. Contact a Labor Attorney. Obviously there is a cost involved. The attorney will probably call, which could just be the impetus for the former employer to "come clean". The obvious threat of a civil lawsuit (extremely expensive for you and the employer) is in the lawyer's arsenal as well as option 3.

3. Contact the Department of Labor (Federal, State and Local). Make sure you contact each directly as they will start independent actions that will need to be rectified separately (in other words a deal with the Feds has no effect on the State or Local actions).

Be aware that this will irreparably damage any relationship and may become public knowledge which again may be perceived by future employers in a negative light.

Topic Expert
Christie Jahn
Title: CFO
Company: Prime Investments & Development
(CFO, Prime Investments & Development) |

Many companies have a 90 day waiting period on enrolling in benefits, if that was the case you may have left before being eligible, but that should have been discussed up front. Did you fill out enrollment paperwork or receive anything from the insurance company?

If you left recently it may not be time for you to get your last check. Most state laws allow for the employer to wait until their next scheduled pay date to pay the last check.

Is their an HR department you could contact or someone who handled the benefits, you might want to contact them to find out how it all worked as it doesn't sound like you received enough information before accepting the job.

Anonymous
(Controller) |

If the employer has a group health insurance plan the longest the waiting period can be is EXACTLY 90 days under the ACA, not the 1st of the month after the 90th day. So, in general, most plans have 60 day waiting periods and go into effect the 1st day of the month after the 60ty day. COBRA doesn't kick in unless the employer has more 20 or more full time employees...they could have 10 on the plan and 10 not on the plan and still be subject to COBRA.

EMERSON GALFO
Title: CFO
Company: C-Suite Services
LinkedIn Profile
(CFO, C-Suite Services) |

"my boss didn't offer me benefits, but did to all other full-time employees."

Waiting period issue (you should have filled out forms) aside, I am quite sure that is a basis for a discrimination lawsuit. Do you have a W2? Are you sure you were "brought in"?

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