Failure to Notify COBRA election (litigation)

[Guest SMazliah]

I have a couple of questions:

1. If you are suing for failure to provide notice for the statutory penalty - do you have a claim for the penalty for each person (i.e. employee, spouse and depend.) since each did not get notice and each lost coverage. (even if the Er *could have* only sent one notice, they didn'' send any.)

2. Does the penalty cease if they got other coverage? E.g. went on Medicaid 6 months after leaving employment, but never got notice.

3. Can you file one lawsuit for all? Can you file one lawsuit for unrelated employees who didn't get notice?

4. If anyone has a complaint they are willing to share, that I can use for guidance, I'd really appreciate it.

Thanks

[mroberts]

1. The courts would look at the case as one infraction regardless of whether 10 dependents or no dependents are involved. The penalties imposed could be federal or for damages for not notifying the employee or his or her right to COBRA.

2. The federal fines for not notifying someone could continue. For example, if the fine was $100 per day, and the employer finally notified you after one year and you had different coverage after six months, the employer could have to pay the government $36,500. Of course, there are mitigating factors in the court's determination of how much the employer should have to pay. If the court found that the employer acted in good faith, it may not have to pay anything.

3. Lastly, I'm sure you could bring a class action law suit against just about anything these days. My question would be why would you want tor? It's not like the court is going to award you money just because the employer didn't notify you. You have to show harm was done by not being notified and the amounts the court will reimburse you will be for charges that you incurred for medical expenses and legal fees. The employer would have to pay additional fines, but these would be going to the government and again, there's no guarantee any fine would even be imposed depending on the situation.