Should I Sue For Cobra Violations?

[phurst6546]

What is the name of your state?SOUTH CAROLINA

I SUSTAINED A BACK INJURY AND WAS FIRED FROM MY JOB (2/03)AS HR DIRECTOR. I GOT INTO A PISSING CONTEST WITH MY BOSS (THE OWNER OF THE COMPANY)AND HE ACTUALLY VERBALLY REFUSED TO SEND ME A COBRA NOTICE, WHERE I COULD HAVE ELECTED TO CONTINUE MY BENEFITS, INCLUDING LTD INSURANCE, AT LEAST LONG ENOUGH TO FILE A CLAIM. NOW I AM PERMANENTLY DISABLED AND AM THINKING THAT MAYBE I SHOULD SUE THE COMPANY FOR REFUSING TO OFFER ME COBRA. I LOST THE FIRST PISSING CONTEST BUT I FIGURE SO FAR I AM OUT AT LEAST $40K. WHAT ARE MY CHANCES??

 

[I AM ALWAYS LIABLE]

What is the name of your state?SOUTH CAROLINA

I SUSTAINED A BACK INJURY AND WAS FIRED FROM MY JOB (2/03)AS HR DIRECTOR. I GOT INTO A PISSING CONTEST WITH MY BOSS (THE OWNER OF THE COMPANY)AND HE ACTUALLY VERBALLY REFUSED TO SEND ME A COBRA NOTICE, WHERE I COULD HAVE ELECTED TO CONTINUE MY BENEFITS, INCLUDING LTD INSURANCE, AT LEAST LONG ENOUGH TO FILE A CLAIM. NOW I AM PERMANENTLY DISABLED AND AM THINKING THAT MAYBE I SHOULD SUE THE COMPANY FOR REFUSING TO OFFER ME COBRA. I LOST THE FIRST PISSING CONTEST BUT I FIGURE SO FAR I AM OUT AT LEAST $40K. WHAT ARE MY CHANCES??

Please Include your state, be civil, brief, and to the point, and use lower case letters.

 

[BeenAround]

I would think an HR Director would know the answer your own question.

 

[Squasherofevil]

Federal non-compliance penalties

Yes you do need use small letters, you were brief, you were civil, just not polite by using the word pissing, and you did include your state. COBRA is a federal program, administered by the U.S. Department of Labor. This is the information I obtained for your benefit. I make no claim to its accuracy, only that it comes from their website
Penalties for non-compliance with COBRA can result in:

* IRS excise tax penalty of $100 per day for each violation. This fine can be increased to $200 for each day in which there was more than one Qualified Beneficiary per family.
* An ERISA penalty of $110 per day payable to each Qualified Beneficiary for each day the employer was not in compliance.
* The employer can be held liable for payment of legal fees, court costs and even for medical claims incurred by a Qualified Beneficiary.

So sorry IAAL I couldn't be brief

 

[Shay-Pari'e]

Yes you do need use small letters, you were brief, you were civil, just not polite by using the word pissing, and you did include your state. COBRA is a federal program, administered by the U.S. Department of Labor. This is the information I obtained for your benefit. I make no claim to its accuracy, only that it comes from their website
Penalties for non-compliance with COBRA can result in:

* IRS excise tax penalty of $100 per day for each violation. This fine can be increased to $200 for each day in which there was more than one Qualified Beneficiary per family.
* An ERISA penalty of $110 per day payable to each Qualified Beneficiary for each day the employer was not in compliance.
* The employer can be held liable for payment of legal fees, court costs and even for medical claims incurred by a Qualified Beneficiary.

So sorry IAAL I couldn't be brief

Your employer must notify your health insurance company within fourteen days of your removal from the payroll. Your employer or health insurance company then must send you information about your COBRA rights within 30 days. You should receive information on how to apply for coverage, how much you will have to pay, and how to pay.

 

[cbg]

COBRA is for health insurance, sometimes dental and vision insurance, ONLY. You do not get to elect disability insurance under COBRA.

That being said, if your employer or their plan adminstrator did not provide you with information regarding your COBRA rights by a maximum of 44 days after the last day of employment/last day of coverage (whichever is later; they are not always the same thing) then you can file a complaint with the Federal DOL.