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receiving unemployment but not COBRA

If an employee is fired and if they qualify for COBRA

receiving unemployment but not COBRA

Postby Brando » Fri Mar 11, 2011 5:54 pm

I was recently fired from my job. I am now receiving unemployment but have not been offered any type of COBRA. My job does have over 2,000 people company wide, was not fired for any misconduct. What should i do? Its almost been a month since.
Brando
 

Re: receiving unemployment but not COBRA

Postby FredSneed » Fri Mar 11, 2011 6:44 pm

Brando:

A company that big probably self administers their COBRA plan. If so. they should have sent you the notice within 14 days. if you were fired for gross misconduct, they would have denied your unemployment benefits.

Did you exhibit any criminal conduct with shocks the mind? That is the definition of gross misconduct.

Contact your health plan administrator directly. Send them a notice certified that you have not been given the required COBRA notice. Make sure they have your latest mailing address. Give them a deadline to respond.

To get a health insurance quote online, go here:

http://www.cobrahealth.com/healthquotes.htm
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Re: receiving unemployment but not COBRA

Postby Mbren » Mon Apr 11, 2011 9:39 am

The employer has the burden of establishing the termination was for “gross misconduct.” The presumption is that the termination was a qualifying event that entitles the employee to COBRA benefits. If the employer intends for the termination to act as a bar to the general COBRA continuation rights of the employee, it is incumbent upon the employer to create a record of the activity alleged and prove, if challenged, how that conduct rose to the level of “gross misconduct” to justify denying COBRA right.
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Re: receiving unemployment but not COBRA

Postby gordita » Mon May 02, 2011 12:19 am

They should have denied your unemployment if they are denying your cobra but its prob just an oversight on the health plan administrator,s part.
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Re: receiving unemployment but not COBRA

Postby Guliani » Mon May 09, 2011 11:57 am

Contact the IRS. The minimum tax from the IRS for COBRA non-compliance after a notice of examination is usually $2,500. That will get the profit monger's attention!
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