Lawyer Dopers: No COBRA notice? What action can I take?

My previous employer failed to notify me of my COBRA rights, and 15 days after resigning my employment, I still have not received a COBRA notice in the mail.

I don’t particularily want to use COBRA to continue my benefits (they were shitty anyway), but this company has some very “fly-by-night” HR practices and I’d like to send them a wake up call.

You have 90 days from the date you were terminated off your insurance to apply for COBRA. Note some companies will allow an employee to stay on the insurance till the end of the current month. Most termintate you immediately. I had one company terminate me a week BEFORE I quit. I had to threaten to sue them to get my money back. They had taken the medical insurance out of my last pay.

Anyway…The Company must notify you by mail OR in your exit package. So it makes little sense to cry they didn’t tell you as if worse came to worse they would simply say they mailed it and it must’ve got lost.

A couple of things…Does your company have your current address [including apt#]? Is your company big enough to be covered by COBRA [most except the smallest are]?

I would just call them up. I found a stop gap coverage thru UNICARE that was actually better than my COBRA. Of course my health insurance thru work was bad.

Remember that some COBRA plans are administered thru your old company. Some are not. If your company administers it they can charge you at a rate of 102%. The extra 2% being the admin fee.

General rules are one thing, individual circumstances are something else. Grab the yellow pages and find yourself a labor lawyer for a fast phone call. Or call legal aid.

Well-intended comments on a message board are no substitute for a factual conversation with a real-life labor lawyer.

Before calling a lawyer, why don’t you just call up your previous employer and request that they send a COBRA letter to you? Maybe it just got lost in the mail.