NY COBRA /FMLA issues. Resigned from job prior to return from FMLA. Employer failed to cancel health insurance at end of the month I terminated employment (10/29) cancelled 60 days later (12/31), then retroactively cancelled back to 10/31 at the beginning of February. Lag in health insurance contract states I was suppose to be terminated from the health plan on the last day of the month that I resigned and that the employer had 30 days to cancel us from the day I quit, so I did not use coverage,bc technically though it was active, it was due to be retroactively termed and just patiently waited for COBRA paperwork and had tried to contact the employer SEVERAL times to ask about it as I needed to have coverage and needed to know the cost so we could weigh our options. At first employer told us they were going to leave our insurance as cancelled on 12/31 bc of failure to issue COBRA and that they would cover the costs for November, December, then called me back telling me they backdated it bc they had to. Employer sent me only a price list for COBRA the insurance company they had Nov. And Dec 2012 and for the one they started using on 1/1/13, which no one ever told me while I was on leave of the change to come and now I would need to cough up over $5,800 all at once in order to get coverage for the months prior bc of the error rather than $1450 a month and if I cant do it, I have a lapse in coverage and pre existing conditions. Still no COBRA paperwork with the corrected date on it,infact, the third party that administers COBRA says they still have not received correction for the employer of the qualifying event date changing it from 12/31 to 10/29, that I will need to wait 10 more business day. Even when I get the paperwork, finally, their error has made it way unaffordable to handle all at once between the change in keeping us active until December and then backdating to October. Had I had the notice when i was suppose to, I would've known the cost and either found another way, but even if i find a cheaper way now, I still will be left with a lapse in coverage if i don't pay for COBRA November-February (providing I find coverage for March), which will definitely screw us. Do I have any recourse? Employer is asking me to sign a forgiveness agreement stating they will release me of premiums owed from FMLA paid on my behalf if I release them of COBRA/FMLA/ all federal, state, and local claims against them.
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