HR didn't know the company is not eligible for COBRA

[broadway3]

What is the name of your state (only U.S. law)? Virginia

I was laid off January 30. When I went to pick up my termination forms, HR told me to sign the termination forms and that I could later let them know if I wanted to use COBRA or not. I sent the signed termination forms in, and then asked HR for the COBRA forms. She did some checking, and a couple of days later she sent me an email saying she just found out our company is too small to be eligible for COBRA. Our HQ is overseas, with over 100 employees worldwide, but our US office has less than 20 people. This was a complete surprise to both of us.

Had I known before signing the termination papers that I would not be eligible for COBRA, I would have asked for some sort of compensation for health insurance. Now I am about to lose health care coverage (end of March). Is there any law requiring HR to know about and inform employees of COBRA INELIGIBILITY from day 1 of employment?What is the name of your state (only U.S. law)?

 

[pattytx]

There is no law requiring anybody to know anything.

COBRA General Notice
Group health plans must give each employee and each spouse of an
employee who becomes covered under the plan a general notice
describing COBRA rights. The general notice must be provided
within the first 90 days of coverage. Group health plans can satisfy
this requirement by including the general notice in the plan’s SPD
and giving the SPD to the employee and to the spouse within this
time limit.

However, this is not my area of expertise, so I don't know if this also applies if the employer is NOT subject.

Hang on for further responses.

Is there any reason you can't try to negotiate something now?

 

[cbg]

EXACTLY how many employees are there in the United States (not just your office)?

Virginia has a state health continuation law.