Preparing for New Laws Impacting the Workplace
Under the American Recovery and Reinvestment Act (ARRA), signed into law in February 2009 by President Obama, protections for whistleblowers have expanded. Additionally, under the ARRA employers must now pay 65% of COBRA premiums for terminated employees. While the law allows for government reimbursement of employers through withholding and FICA taxes, the changes themselves introduce a number of issues likely to confuse many employees. Experienced COBRA Attorney John A. Gallagher provides consultation to employees who have questions about their rights under COBRA and the Whistleblower protections under ARRA. If you require such services, Contact Us today to schedule an appointment and learn how we can help you.
Changes to COBRA Under ARRA
The ARRA essentially creates a temporary subsidy for laid-off workers to continue employer-sponsored healthcare benefits through COBRA. Under the ARRA, the COBRA premium for employees involuntarily terminated between September 1, 2009 and March 31, 2010 can't exceed 35% of the cost to the plan. We are finding that, since ARRA, more and more employers are fighting COBRA, taking the position that the employee was terminated for wrongful misconduct, a disqualifying event. We can help you quickly obtain COBRA benefits under such circumstances.
Whistleblower Protection, Employers, and the ARRA
The ARRA provides additional protection for whistleblowers who work for an employer that receives a contract, subcontract, or grant funded in part by the federal stimulus package. Under the ARRA, protections apply to employees who formally or informally complain to a supervisor or company representative regarding safety violations, waste, fraud, public health violations, and mismanagement. Hence, employees who make complaints and expose malfeasance in the regular performance of their job are afforded whistleblower protection. This is a broad expansion of prior whistleblower laws, which in Pennsylvania typically protect only state and federal government employees. The ARRA provides a relatively easy burden of proof for whistleblowers who claim they were retaliated against by their employer: they need only prove that their role as a whistleblower contributed to their harassment or unfair treatment. Here, circumstantial evidence can be used to meet the burden of proof. Alternatively, employers are required under the ARRA to provide "clear and convincing evidence" that their actions towards an employee had nothing to do with his or her whistleblower activities. If you believe you have a whistleblower claim, we will examine whether your employer receives stimulus funding, and whether there is a connection between your unfair treatment and your report of violation.
Questions? Contact the Gallagher Law Group Today
The American Recovery and Reinvestment Act provides important COBRA benefits, as well as expanded protection for whistleblowers. We provide legal counsel and representation in any legal matters that might arise involving the ARRA. To schedule an appointment and discuss your case, Contact the Gallagher Law Group today.