I was terminated from my job in Feb 2011 after being employed for 4 years. They did not offer me COBRA and my insurance was cancelled on the same day I was terminated. The only reason I found this out is because I took my daughter to the dentist and I received the bill stating my policy was ineffective as of 2/6/2011. What can I do. I need health insurance and so does my daughter. Please help

Catherine,

#4 questions:

Were you terminated for gross misconduct?
Did you waive your COBRA rights with any sort of severance agreement?
Did your employer have less than 20 total full time employees?
Have you contacted your health plan administrator directly?

Fred

1. I was not fired for misconduct
2. There was no severance
3. My company had over 22 workers
4. I asked the manager and she said that they don't offer cobra. I also have contacted her 4 times in reference to insurance and I have not received a response. So I don't know what to do. She told me that she would cover me until end of Feb but she canceled my insurance the same day I was fired. And I also paid for the insurance out of the 4 pay checks that I received. I need to know what I should do.

You can do several things.

Send the administrator a cert letter demanding your COBRA enrollment paperwork.

You can write to an officer or owner of the company

You can complain to the IRS

You can complain to the DOL

Federal Government Contacts for COBRA disputes

No “criminal” conduct was required to meet the “gross misconduct” definition. Gross misconduct can be an intentional, deliberate, extreme and outrageous that “shocks the conscience.” It can be “reckless or in deliberate indifference to an employer’s interests.” Thus, employees that routinely engage in unauthorized activities that are contrary to the interests of the employer or jeopardize the safety of other employees could be engaging in “gross misconduct.”

Employees and COBRA administrators can be held personally liable for COBRA compliance failures?