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  1. #1

    Default COBRA Violation by Employer

    My question involves labor and employment law for the state of: Connecticut

    I live in NJ and worked in Connecticut. My employment was terminated effective 1-21-10. following are the violations I feel I should get a justice for.
    1) employer has terminated my health insurance effective 1-31-10, hasn’t sent me COBRA enrollment forms till now, I have dependent wife and two little kids 4 and 8 months.
    2) Prior to termination, I had an approved vacation of 2 weeks starting 1-25 and return to work on 2-8-10. I haven’t received any encashment for those approved vacation days. Company so far in the past has compensated for balance of vacation days to the terminated employees.
    3) On Dec 25th my trip to Asia was cut short in 3 days because I was told my being in office was extremely necessary in the event of some projects and I was verbally told any charges for change in flight fees etc will be reimbursed but nothing has been given. I also feel discriminated as I was the only one who was asked to come for work during Christmas Holiday on the 24th when everyone else was off and I was asked to cut short my trip to return in 3 days. I feel discriminated and need to take an action.
    4) Earlier on Dec 1st I became eligible for company health benefits but since the renewal was going to take place in Jan 2010 I was told I could get a reimbursement of company contribution for December later that was denied.

    If any one could help me with getting guidance on the above points that would be really appreciated.

    One Troubled.

  2. #2
    Join Date
    Dec 2007
    Posts
    2,357

    Default Re: COBRA Violation by Employer

    1. The employer has a LOT more time to send you COBRA information, so no violation there.
    http://www.dol.gov/ebsa/faqs/faq_consumer_cobra.html

    2. You can file a claim for any earned unpaid vacation with the CT Dept of Labor. The fact that other terminated employees have received payout of vacation at termination will bode well for your side.
    If an employer policy or collective bargaining agreement provides
    for payment of accrued fringe benefits (which is defined to include vacation pay), pay for accrued unused vacation as part of final wages according to the
    agreement or policy, but not less than the earned average rate for the accrual period.
    3. There is no law that is going to force the employer to reimburse you for extra fees related to your early return. You can try filing a small claims action, but I wouldn't be optimistic. And it may or may not have been "discrimination" to require you to return when other similarly situated employees did not, but you have not posted anything which would indicate this was illegal discrimination.

    4. If you enrolled and were covered for December, why should the employer reimburse you for anything?

  3. #3

    Default Re: COBRA Violation by Employer

    Patty,

    Thanks for the response and the link. I have one more question and answers to your questions as per below;

    3) Initially CEO/President agreed (verbally) for my trip and to let me take 3 days off in between Xmas & New Year. Then the company asked couple of other employees to work on the 24th & the week after XMas. The other vP still went on vacation stating he could not cancel, my subordinate said the same thing under different personal reason. I was told if I don't come back in 3 days I would look like an irresponsible person and stepping up at that time is very important for my profile a) I feel discriminated because I was the only recently joined (Sept 2009) employee as compared to others b) I was only non-American person.

    4) Company changed health plan effective 1-1-10, I was suggested instead of enrolling twice and having to change plans doctors etc, I could be better off staying with my previous COBRA and company would reimburse as it did for another employee in the recent past. I opted for the same, initially the CEO agreed to the controller, the controller cut the check gave it to me & within couple of hours came back saying the CEO asked him to hold on.. etc. Then denied to reimburse it completely.
    5) Also I have enrolled in the FSA plan, company deducted my two payments in January and they haven't sent my FSA cards yet which otherwise would have entitled me to pay $1500 pretax for dependent care medical expenses etc.

    Thanks again for all your help.

  4. #4
    Join Date
    Dec 2007
    Posts
    2,357

    Default Re: COBRA Violation by Employer

    You'd need more than simply being the only African-American and the one who was required to come back. You'd have to show that was the sole reason you were required to return early.

    Not my area of expertise, but was January still in the open enrollment period? Plus, once there is a qualifying event (such as becoming eligible for another employer's plan), COBRA is no longer applicable. Hang on for someone whose expertise is more in benefits than mine.

  5. #5

    Default Re: COBRA Violation by Employer

    1)The two other persons (actually more than two) are all Americans who were allowed to take the 24th off. I had a flight on the 25th and had to still shop some baby food etc for the flight on the 24th, the stores close early on the 24th but I was still asked to stay until almost 3PM then I had to rush for shopping. A few times before that and after that I was the only one asked to work from the CEO's home on weekends. A few times I was asked to work from home on weekends. I will try to recollect more such incidents.

    2) Yes, January was still in the open enrollment since the last date to enroll was December 14th or even earlier. I received the new ID's for January and then it was deactivated as of 1-31-10. Shouldn't they keep it active but have me pick up the cost under COBRA from Feb 1st onwards? I took my little one to the doctor yesterday where they said it isn't active from Feb 1st. Normally I should have been able to take the benefit, if I didn't opt for COBRA then the carrier would have either refused to pay the office or would have billed me for the amount paid but the medical treatment would not have been denied for non active insurance.

  6. #6
    Join Date
    Jun 2006
    Location
    Massachusetts
    Posts
    24,521

    Default Re: COBRA Violation by Employer

    If the last date to enroll was December 14, then as of December 15 it was no longer open enrollment.

    The plan document determined when coverage ends. In my experience, which is a good 30 years worth, it is about 50/50 between ending on the last day of employment, and ending on the last day of the month in which employment ended. If your last day of work was 1/21, then ending your insurance 1/31 is quite reasonable and very likely entirely legal. The employer and the administrator between them have up to 44 days to send you your COBRA information; they are NOT obligated to leave your insurance active until you have made your election and sent in your first payment. COBRA coverage will be retroactive to 2/1 so there will be no gap in coverage.

  7. #7

    Default Re: COBRA Violation by Employer

    cbg,
    thanks for the respons. what about the FSA card? Aren't they obligated send it to me since the enrollment was effected on 1-1-10 and two installments were deducted from my pay checks? The plan is offered by OxFord and earlier we were told the administrator is liable for the amount employees signs up for, this is regardless of the employee is with the company for the whole year or not. In my openion company owes me the card with full amount (we were also told this by the carrier and broker at the time of plan presentation back in December)
    Thanks

  8. #8
    Join Date
    Jun 2006
    Location
    Massachusetts
    Posts
    24,521

    Default Re: COBRA Violation by Employer

    Was this for dependent care or medical expenses? It makes a difference to the answer.

  9. #9

    Default Re: COBRA Violation by Employer

    This is for medical expenses.

  10. #10
    Join Date
    Jun 2006
    Location
    Massachusetts
    Posts
    24,521

    Default Re: COBRA Violation by Employer

    Medical expenses are a bit more complicated and what you can access will depend in part on how your plan is written. You really should contact someone in HR to ask specifically about your plan.

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