Legal Question in Employment Law in Maryland

Re: Semi-Complex Question Regarding Cobra

Without sounding redundant of Jeff, the main point is what is going on with you now. How are your medical expenses going to be paid? Are you able to pay for premiums? Otherwise, you can file the claim to assert that it is within the ambit of COBRA but you will not likely prevail unless you swiftly bring action to instate this coverage and bring current any unpaid premiums.

Re: Semi-Complex Question Regarding Cobra

First, congratulations on being ethical. You probably would not have gotten in any trouble for using the insurance, but you are correct that it would have been improper, as least, since you were no longer earning it.

Second, please note that even if you want to file a claim, it may be time-barred because the failure happened over a year ago. Some courts have ruled that a notice violation case must be brought within 1 year. I am not sure if any court in Maryland has ruled on this issue. In any case, I do not believe this is worth your time, as discussed below.

As for the company, even if you could make a convincing case that the failure to issue the COBRA notice was a technical defect, the fact is that they continued to offer the insurance to you. Thus, your insurance did not lapse so, technically, no notice was required. Had you used the insurance, then the company might have canceled it and issued the COBRA notice at that time.

Also, it is rarely worth filing a COBRA claim because, in short, the law lacks teeth. It is fairly easy for employers to get away with technical violations and damages are usually quite minimal. (Of course, serious damages would justify a claim.)

Having said all that, I have two questions. What is the situation now? If you need COBRA and have never received the notice, you of course can notify the company to terminate your insurance and issue the notice.

Second, what is going on that makes you question whether you can go after the company for a seemingly inconsequential, technical violation? Was there some other legal wrong done to you for which you seek redress? If so, that is the issue you should concentrate on. It is rarely productive to seek to use some other technical problem to "get back at" the company.

One last note. If you were treated "badly," but not illegally, let it go. Get on with your life and your new job (or finding one if need be). The market is tough these days and many, many people leave jobs for one reason or another. Many are often upset with their previous employer, but my experience is that it rarely pays to waste time and energy dwelling on poor experiences. (Unless, of course, there is significant legal conduct or harm involved.) Life is short - go enjoy it!

Hope that helps.

Good luck.

Jeff Sheldon

Jeffrey L. Sheldon, Esquire

The Sheldon Law Firm

6932 Mayfair Road

Laurel, MD 20707

301.604.2497

fax: 301.776.3954

[email protected]

http://www.SheldonLawFirm.com

Disclaimer: This posting does not and is not intended to constitute legal advice. It is not confidential, nor is it privileged, and it does not create an attorney-client relationship. Please consult with an attorney for advice specific to the facts of your case.