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laws regarding lay-offs MA

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  • laws regarding lay-offs MA

    I have recently been laid-off from a company I have worked for for 21 years. I have worked full time for them and they paid my health care coverage. When I got laid-off in January, they told me my health care benefits would end at the end of January. Since my lay-off, I was told by several different people that by law, in MA, that they were suppose to pay my coverage for 3 months, then, if I wanted to continue with the COBRA plan, I would have to pay for it myself. Does anyone know the laws regarding this. Also, what about the age discrimination laws. I feel I was laid off because I made the most money and they were paying my health care benefits. They told me they were downsizing but then told me they were thinking of keeping me on as a subcontractor. Is this legal? I am 54 years old and do not have a clue as to my rights. Thanks to anyone who can help me. I worked out of Massachusetts. Also, 2 other men were laid off before me stating the same thing. Also have been there a long period of time and they carried their health care coverage.

  • #2
    You were given incorrect information. Neither Federal nor MA law requires that they pay for your insurance coverage for three months except in very limited circumstances involving a plant closing.

    While you cannot be laid off BECAUSE OF your age, being 54 does not mean you cannot be laid off at all.
    The above answer, whatever it is, assumes that no legally binding and enforceable contract or CBA says otherwise. If it does, then the terms of the contract or CBA apply.

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    • #3
      Laid off in MA

      Is it legal for a company to be laying off only the people that they cover with health care benefits. My husband feels he was let go from his job because he makes the most money and that they pay his health care benefits. I thought that was illegal. I thought they passed the law that made it illegal to let someone go because they no longer want to pay his salary and benefits because he is the top seniority person in his company. I thought that was the reason for the age discrimination laws that were passed. The company is not folding. They just want to "downsize" but yet someone younger than my husband is doing his job now and making less money doing it.

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      • #4
        In some, but not all cases, it has been found that letting go those employees who have the highest seniority is a pretext for age discrimination. There is NOT a law that says you can't let go someone who is making a higher salary, and the employer should not be paying the health insurance of only some employees anyway.

        He cannot be fired BECAUSE of his age. That doesn't mean he can't be fired at all.

        If he believes he has a case for age discrimination, he should file a complaint with MCAD or the EEOC. I'm not saying he doesn't have one. I am saying that on the basis of what you have posted, it is not clearly evident.
        The above answer, whatever it is, assumes that no legally binding and enforceable contract or CBA says otherwise. If it does, then the terms of the contract or CBA apply.

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