What is the name of your state (only U.S. law)? NY
I am a teacher who is changing school districts next year. I have changed school districts before and have never run into a situation like this.
I completed my contractual obligations for the 2007-2008 school year and have worked for this particular school district for 4 years. My benefits did not take effect until October 1, 2004 and I have carried benefits, renewing them annually in October. In June, I notified my school district that I would not be returning for the 2008-2009 school year and resigned from my position for the 2008-2009 school year. I then recieved a letter dated July 3, 2008 on July 5, 2008 stating that my insurance coverage must be maintained through COBRA and payment must be recieved by July 1, 2008 (and the 1st of each subsequent month that I need insurance coverage for my family) in the amount of $1340/mo
. Now the thing is that all other teachers who had the health insurance and worked through the rest of the year keep their insurance through October 1. We all paid our contributions to our plans through payroll deductions for July-September in our paychecks in May-June.
I fufilled my contractual obligations for 2007-2008 school year, and gave notification i would not be returning in September to give them ample time to find another canidate with the same qualifications as I have (dual science certifications). I did not want to delay my notification for fear of accusations of Job Abandonment (happend to another friend of mine in another district).
Other distrticts I have worked for have carried benefits through until the start of the next school year (when my position is technically and officially vacated). The summer benefits go with the 2007-2008 school year that I had worked full time and completed. There is nothing in our contract that states how insurance benefits are effected by a resignation nor when a resignation specifically takes effect. I received a letter stating that a resignation is the same as a termination, but my argument here is that my resignation was not for June 2008, but for September 2008. I have no problem paying cobra (less my contribution already taken from me in June) for September, as I will not be actively working for the district in September and they will have another person performing my duties.
My notification of resignation was in June (June 23, 2008 to be specific), but the school year did not close until June 26. So I was still employed after they recieved the letter and paid for the days following my letter. I also stated in my letter that the resignation was for the 2008-2009 school year, not for June. I also stated in the letter that the letter was a notification of my intent to not return in Septemeber. There was no wording in the letter that stated that the resignation was immediate or for June since June is part of the 2007-2008 school year.
I didn't receive notification via contract or letter until after the date my insurance benefits were cancelled. I am the sole insurance provider for my children. I am expected to have my second child any day now, and cancelled my scheduled c-section that was for July 7, 2008 so I would not have to deal with a denied claim for surgery. (this will give me less time to recover before I must return to work in September).
Can I be asked to pay for my insurance coverage in this situation? I met my contractual obligations to my school district, so shouldn't I get my contractual benefits that others are recieving for the same work?
Please advise if I have a leg to stand on.
I have also contacted an Employment Attorney in case I cannot get this straightend out by Monday July 7,2008
I am a teacher who is changing school districts next year. I have changed school districts before and have never run into a situation like this.
I completed my contractual obligations for the 2007-2008 school year and have worked for this particular school district for 4 years. My benefits did not take effect until October 1, 2004 and I have carried benefits, renewing them annually in October. In June, I notified my school district that I would not be returning for the 2008-2009 school year and resigned from my position for the 2008-2009 school year. I then recieved a letter dated July 3, 2008 on July 5, 2008 stating that my insurance coverage must be maintained through COBRA and payment must be recieved by July 1, 2008 (and the 1st of each subsequent month that I need insurance coverage for my family) in the amount of $1340/mo
. Now the thing is that all other teachers who had the health insurance and worked through the rest of the year keep their insurance through October 1. We all paid our contributions to our plans through payroll deductions for July-September in our paychecks in May-June. I fufilled my contractual obligations for 2007-2008 school year, and gave notification i would not be returning in September to give them ample time to find another canidate with the same qualifications as I have (dual science certifications). I did not want to delay my notification for fear of accusations of Job Abandonment (happend to another friend of mine in another district).
Other distrticts I have worked for have carried benefits through until the start of the next school year (when my position is technically and officially vacated). The summer benefits go with the 2007-2008 school year that I had worked full time and completed. There is nothing in our contract that states how insurance benefits are effected by a resignation nor when a resignation specifically takes effect. I received a letter stating that a resignation is the same as a termination, but my argument here is that my resignation was not for June 2008, but for September 2008. I have no problem paying cobra (less my contribution already taken from me in June) for September, as I will not be actively working for the district in September and they will have another person performing my duties.
My notification of resignation was in June (June 23, 2008 to be specific), but the school year did not close until June 26. So I was still employed after they recieved the letter and paid for the days following my letter. I also stated in my letter that the resignation was for the 2008-2009 school year, not for June. I also stated in the letter that the letter was a notification of my intent to not return in Septemeber. There was no wording in the letter that stated that the resignation was immediate or for June since June is part of the 2007-2008 school year.
I didn't receive notification via contract or letter until after the date my insurance benefits were cancelled. I am the sole insurance provider for my children. I am expected to have my second child any day now, and cancelled my scheduled c-section that was for July 7, 2008 so I would not have to deal with a denied claim for surgery. (this will give me less time to recover before I must return to work in September).
Can I be asked to pay for my insurance coverage in this situation? I met my contractual obligations to my school district, so shouldn't I get my contractual benefits that others are recieving for the same work?
Please advise if I have a leg to stand on.
I have also contacted an Employment Attorney in case I cannot get this straightend out by Monday July 7,2008
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