Smallish victory - right is right

Star*

call 911........call 911
I'm prefacing this with - I am not gloating. I feel what is right is right. I will fight to the end and beyond for a point I feel is just.

I'm only mentioning it at all - in case it comes up with anyone here - self/child /friend - so you know too.

BW fired me - and when they did I was paid bi weekly. I also paid for health insurance and had it deducted from my check. $44.94 for two weeks.

I was fired on a Tuesday, and told when you are terminated your benefits stop that day. Well I had prescriptions I hadn't filled, so I asked if I could fill them. I was told no - when HR left she would be telling Cigna I was terminated and my benefits would be cancelled immediately. That part is legal. They could have called right from there and cancelled my insurance. However, I called Cigna after I left and went to the pharmacy and asked if BW had called them yet. They said no - fill my prescriptions now. Until BW calls? I'm still legal, and since I paid for the day? They consider me covered, and I will not have to pay them back. However if I tried to get services or benefits tomorrow? I would be denied and have to pay whomever I got services from. Understood.

This meant to me since I was fired on a Tuesday and my benefits ENDED on a Tuesday - my insurance would be pro-rated and I would be getting a refund on my last pay check. Instead? BW took the rest of that week Wed, Thurs, Fri., Sat. And Sun - Sat of the next week. They didn't give me benefits, AND they took my premium. When I brought this to their attention? The manager of the corporate department over insurance told my former manager (quote) "Well our insurance is pro-rated, we dont give refunds. She needs to understand that. We pay for our insurance in advance." WHAT does that have to do with me? I got a shrug. Then I was told I could call her if I wanted to get an explaination. I didn't want the same garbly gook. No thanks - I'll call the department of labor.

I wrote the State department of labor. They sent me a form. I filled it out. They called me yesterday. They said They aren't the agency that can help me - gave me a number

I called the SC Insurance commission. They let me leave a message and asked me for my insurance information and policy and group number. They called Cigna. They said they aren't the agency that can get my money, and told me to call the EBSA. It's a Federal Department of Labor. I called them.

I called the UNITED STATES FEDERAL department of labor. They asked me for a copy of my COBRA letter, (so remember to keep that - I almost tossed it in anger) - yeah like I can afford $600 a month in insurance thanks, but no. And my last paycheck and a few lines on how much I'm owed. Then they checkd to see if BW was on their WATCHDOG list. Nope.....now they are. Okay. So fax that info over to me, I'll call them, and I'll have Ms. XXX send you out your check, and educate her on the federal insurance benefits law as it pertains to this incident and further incidents -

IF you are fired? Your employer needs to either refund the pro-rated amount of your unused benefits on your last check, or they need to ALLOW you to use up that benefit week(s) that you have paid for and THEN offer you COBRA.

Small amount of $32.10 will be sent to me soon. But what gets me??????

For being dishonest - The STATE Department of Labor is now watching this and aware of them, the SC Insurance Commission is now aware they have this practice, and the FEDERAL DEPARTMENT OF LABOR AND INSURANCE - put them on a 'watchdog' list? I mean - for $32.10 this could have been a NON-issue for them. Gosh their education is coming at a high price. They could have just licked a stamp and cut a check.
 

tiredmommy

Well-Known Member
But now you can be sure that other terminated employees will receive that in their last check, whether they think to ask for it or not. Good job! :warrior:
 

Star*

call 911........call 911
Isn't that cool? Funny exchange was between me and the SC Ins. Commission guy - he said "Well Ms. Star I'm sorry I can't help you further, but I think the people you need to speak to are on a Federal level. Sounds like you're going to have to make one more phone call." So I said to him "Well they're the ones that fired me giving me ALL this time to make these phone calls. Just made him chuckle.
 

Star*

call 911........call 911
OH REALLY???????????? AWWWWWWWWW!!!! HOW AWESOME IS THAT!!!!!!!! HAHAHA.....SNORT. $$$$$$$$$$$$$ haha. ut oh.......hahaha. heheheeh (like Scooby doo)
 

donna723

Well-Known Member
They had it coming, Star! And now EVERYBODY is watching them and they're getting on a lot of agencys sh*t lists, all because they didn't treat you fairly! They deserved it and I hope they will be a lot more careful with how they deal with their employees in the future.
 

Hound dog

Nana's are Beautiful
Goes to show you that everything happens for a reason, and there is a reason for everything. :)

You went to work for BW for a reason, maybe NOT just a badly needed paycheck, but to expose corrupted practices and employee mistreatment. Because someone upstairs knew that Starbie would NOT just grin and take it lying down.

Way To Go!

Karma is a motha! LOL
 

Tiapet

Old Hand
Well may it isn't quite the "class action" type thing I had in mind as far as BW doing this to other people but you know what....it kind of is isn't it? LOL You do have a situation that is at that level so HA on them right? You're right that that they gave you lots of time for all these phone calls and time to gather your own wits and use all this anger in a positive way to effect change for yourself and others (this and going on to appeal). I bet if you really thought about it there is more you could do about this situation if you wanted to, though I'm not saying you have to just giving you food for thought and others some thoughts to so if they have some suggestions on what else you can do to effectively give them their just desserts. :)
 

susiestar

Roll With It
Star, I am so PROUD of you!! I KNOW you didn't do it for that. That you were NOT thinking of how this could help all those people who work for BW or will work for them. You just wanted what was FAIR.

BW has a LONG habit of this kind of nastiness, at least at the regional level because it is one thing that shocked my cousin when he worked for them. They PURPOSELY hire those with disabilities because they KNOW DANG GOOD AND WELL that those people will NOT be able to fight this kind of thing or put them on watchlists. Hearing the bosses BRAG about this was one reason my cousin had such a hard time with them. He is all for fun and profit and all, but he was supposed to help supervise the training of disabled people and it make him physically ill to hear the bosses when they trusted him enough to brag about koi like this. Even telling the families and social workers of his employees if any of them had to leave the job for ANY reason did not get them to make calls like these. They called BW and BW gave the family or disabled person the line they gave you and it was taken at face value.

By getting BW on those lists you HAVE HELPED LOTS OF PEOPLE who could not make those calls themselves. Now if there are problems there is a RECORD of BW's penny pnching nasty games and it WILL mean other people get help.

So for all you don't have piles of moolah to give away, you are STILL doing what you see as your life's goal. You are HELPING!!!

GOOOOO STARBIE!!!!!!
 

Star*

call 911........call 911
I had not considered when I did this - it would every effect other BW employees. Well, at least now they'll know the law and won't get in trouble with other people they fire.

As far as the evil manager? I'm telling you - she needs prayers. people will get tired of her petty, vindictive, games and if I've learned NOTHING in life about bullies? There's always a bigger, faster, meaner, more clever cat in the sandbox somewhere. Best to stay out of the sand flicking business alltogether.

Susie* - I'm selfish - I just wanted what was MINE....GIMME - ..lol. SNORT.

Witz - that's cool. THanks - oh and they tested Casper for yeast - it's not but doctor was impressed with my knowledge. I told where I knew it from. lol. It's airborne allergies and nothing I can do - except the Carmex and the socks. Oh and keep his ears on the Zymox. Stitches are out - BOY is happy. Now he wants seven diamond stud earrings - he said he has the holes. UGH.
 

Tiapet

Old Hand
Ok so what I'm hearing is a request from our dear Star. She is asking that we put out prayers, ju ju, chicken liver dances for her evil manager. We know board powers work right? So let's honor Star's request and help her out? I'm going to. I think it's the least I can do as Star deserves a request honored for shurrrrrr! ;)
 

Lothlorien

Active Member
Good for you! Not a small victory at all. I had a job in 1998, where the home office was taking out state disability and unemployment, but not filing it unless the person went out on disability or unemployment, therefore causing them to have to wait three months to get their benefits, but I didn't know why it was happening to my employees. I left the job and went to get unemployment and the unemployment office said I wasn't in the system. I realized what was going on and they started an investigation. They were fined so severely that they had to close more than half their stores and were on the verge of going out of business altogether. I don't think that biz has ever recovered completely. I hate when businesses take advantage of the underdogs!

So, this little victory of yours may end up causing a bigger investigation and they may be doing some much more unethical practices. This was probably only the tip of the iceberg.
 

Star*

call 911........call 911
LOTH that is incredible!!!!!!! GOOD GRIEF THAT's ENORMOUS!!!!! KUDOS TO YOU!!!!! WOW!

Insane - I used my Bi-lo card and got gas last night for 2.15 a gallon with my fuel perks. HAPPY DANCE. Unless you know of some other discount program? I have a 1991 Dodge 2500 van - it's a tank....lol. IT does get pretty good mileage - but now we're trying to find tires. ROFLMAO. I swear I appreciate things so much. NOW I appreciate USED tires. Hahaha. (which are NO WHERE to be found) ugh. It's like you used to be able to get a decent set out of the paper for cheap and NOW? IT's like what you used to pay for a brand new set. UNREAL. My tires on the van are 12 years old and dry rotted - so it's time I got something.......they're knocking and going wabbity wabbity wabbity - (good effects huh?) lol. The tire guy said he hasn't seen any that old - then said something about those tires were made when he was 6 or 7. SHUT UP! haha.
 

susiestar

Roll With It
Star, I do send out prayers for people like your evil mgr. Prayers that the other kitties in the box take notice of her and give her the comeuppance she deserves. It is often fun to watch happen.
 
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