Employer abuse of FMLA/COBRA: recourse?

[Guest Franklin Evans]

Please e-mail your responses to me as well as posting them to the message board. Thanks to Kerry and nac for responding so far.

A friend is apparently being harrassed by her ex-employer, who went from accepting personal checks for continuing coverage, to requiring money order or bank check, to demanding cash and for three months in advance; all of it with little or no notice. Please reply today if at all possible: what gov't agency covers this situation, how does she file a complaint/claim, and should she retain an attorney right now or should she wait?

The second aspect of this is my question: the ex-employer apparently (from my point of view) terminated the employment to avoid the expense of continued coverage during a FMLA leave of absence. Should my friend be pursuing that aspect of the situation?

Her coverage is being threatened at precisely the wrong time for her current health care needs. I'd like to at least ease her mind about her recourse.

Thanks to all.

[This message has been edited by Franklin Evans (edited 01-19-99).]

[Guest Kerry]

I would suggest a call to either or both the EEOC and DOL. Your state dept of labor or insurance commissioner may be another resource

[Guest nac]

Additionally, COBRA regs clearly state that there is a 30-day grace period for each month's premium payment. The employer cannot demand payment under COBRA in advance.

It's something of a long shot, but your friend may also want to contact the carrier; they may be able to "educate" the employer about the COBRA regs more quickly and effectively than a lawyer.

[Guest Penn]

Plus, if the ex-er has given someone else a longer grace period than 30 days, then they must give everyone the same generous grace period. This would include non-COBRA people who have to pay premiums. Let's say, for example, that the boss' pet ee went out on a leave (FMLA or other) and that person was allowed 38 days to pay their premiums. Your friend would then have 38 days as well. It's a long shot, but worth bringing up (of course, the er may then have trouble with the insurance company but that would be the er's problem).