Gurba Stole insurance payments Judy Althouse... 23-Jul-09 09:41 am From Lancaster on line.....
Gurba claims that what happened is not his fault. A sour economy, overpaid union workers and cheap foreign competition put him in a hole, according to his account.
"The company's had financial difficulties for two years," he explains. "Our financial situation was week to week. The bank had the ability to pay certain payables and no others."
The bank is Webster Business Credit Corp., a Manhattan-based affiliate of New England-based Webster Bank.
Gurba says he owns the Bulova building but Webster wound up owning the business. Large loans gave Webster the ability to call the shots, according to Gurba's account.
"We were writing checks to Blue Cross but Webster Bank didn't honor the checks," Gurba says. "They didn't honor the checks because they were saving money in anticipation of a foreclosure."
By Gurba's account, he didn't know any more than any other employee of Bulova about what the bank would do and when. He has the same health insurance, he says, and had it cut off.
Webster ultimately took over Bulova under a Uniform Commercial Code Article 9 foreclosure, Gurba says. Webster then sold Bulova to Stanton's company.
Gurba says the new company is willing to pay back wages and health care benefits for Lancaster workers in order to ensure that its Florida workers remain happy.
Retirement funds paid by Lancaster's employees at 3 percent of their hourly wage are safe in a state-guaranteed program, he says, though he cannot name the program.
But Gurba says severance pay — one week's wages for every year employed, according to the union contract — will not be paid. Many workers have been employed for 20 or more years, so the amount would be substantial.
"The company has no assets and no ability to pay a severance. The lawsuit is misguided," Gurba says. "I didn't close the company down. The bank did. If the folks need severance pay, they should be pursuing the bank."
Informed that Gurba is shifting responsibility for Bulova's distress to the bank, a spokesman for Webster Bank considered the situation.
"We won't be able to comment in any detail on this customer's case," says Ed Steadham. "So if you just want to put down 'no comment' for us, that's fine."
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Judith Tomlinson, a 27-year Bulova employee, has throat cancer. The company's Blue Cross insurance paid for chemotherapy and radiation. Her doctors thought they had eliminated the disease.
The doctors ordered a Dec. 9 test to determine definitively if all cancer is gone. The test costs $3,700.
When Blue Cross denied the test because Bulova no longer has an insurance plan, Tomlinson was dismayed. She had been paying health care premiums and assumed she had insurance.
She can't afford the test. She's looking for a new job. She wonders if she still has cancer and worries about the future.