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Employment Law/Laid of then job posted


I have 2 questions.  The husband was laid off due to the company losing a client.  He was one of the top collectors in the office (ie he made more money than most there).  He asked if there was anywhere else in the company he could go and was told there was no work.  The very next day in his job search the company that laid him off posted his position looking to fill it.  Is that legal?

Second question...when my husband was laid off his medical coverage was terminated that day.  He had paid a full months premium starting 1/7/14, but they terminated it on 2/4 (his laid off date).  Shouldn't we have had until 2/7/14?

We love in Ohio if that makes a difference.  Thank you.

First of all if you paid a full month's premium than you should have insurance until the end of the month.

I think that he was terminated and not laid off. He was just told that because it was easier to do than terminate him.  I would have him sign up for employment and talk to the department of labor and just let them know what has happened. He also needs to tell them about the insurance. If he is laid off the insurance should not stop the day he is laid off.


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Shirley McAllister, CPP, PHR


I can answer questions about payroll laws and payroll tax laws and Human Resource laws and agencies. I can answer federal payroll and human resource law questions and most states; I do not have a knowledge of the local taxes for cities and counties within the state. If and when I can I will try and send you the website where you can reference the answer and where you can obtain more information as well as a contact number if needed for that particular agency. Some agencies I have worked with are IRS, Department of Labor (federal and state), Revenue Canada (and provincial governments), Inland Revenue, OSHA (0ccupational Safety and Health Administration); Social Security Administration and National Child Support as well as other agencies in Payroll and Human Resources. Some Laws I am particularly familiar with are FLSA (Fair Labor Standards Act), ADA (Americans With Disabilities Act), FMLA (Family Medical Leave Act) COBRA (Consolidated Omnibus Reconciliation Act ) , QDRO's, QMCSO's, and other support orders and garnishments, USERRA (Uniformed Services Employment and Remployment Rights Act,PPA Act (Pension Protection Act of 2006, As well as most other employment type acts. I am also well versed in the Title V Civil Rights Act and the HIPAA (Health Insurance Portability and Accountability Act).


30 years in Payroll and Human Resources

SHRM (Society of Human Resources) APA (American Payroll Association) DOLEA (Department of Labor Employers Association) CPA (Canadian Payroll Association) NAPW (National Association of Professional Women) The Mentoring Network

PHR Certification in Human Resources CPP Certification in Payroll in U.S. Payroll Administrator and Payroll Supervisor certification in Canada

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