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Courts want proof employers did what they claim they did

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in Human Resources

It was big news last fall when it became apparent that some bank representatives involved in home foreclosures never even examined the court affidavits they were signing. Judges are becoming more reluctant to accept such sworn statements in litigation—and not just in cases involving foreclosures.

Recent case: When Ileana Salazar was terminated from her job at a nursing home, she sued.

She alleged, among other things, that she was never provided with an opportunity to continue her health insurance through COBRA. Her former employer filed an affidavit with the court in which the health insurance administrator swore he provided COBRA coverage information to Salazar.

That wasn’t good enough for the court. It wanted proof that the information was mailed. (Salazar v. Delta Health Group, No. 10-20783, SD FL, 2010)

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