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Failure to Provide COBRA Election Notice Results in Fines Against Employer and Award of Attorneys' Fees
Haynes and Boone, LLP Nov. 26, 2012
"The court found that it could not credibly conclude that the failure to send the COBRA notice was inadvertent due to the contradictions, evasions and disingenuous answers from the employer's employees during trial. Therefore, the court found that the employer intentionally withheld the COBRA notice.... [It] awarded a penalty of $75 a day for the period beginning on the deadline for providing the COBRA election notice and ending at the end of the 18-month COBRA period, for a total of $37,950. Due to the employer's bad faith, size as a large national company, and to deter others from acting in bad faith and with disregard for COBRA's requirements, the court also awarded $42,192.58 in attorneys' fees and $2,910.87 in costs." [Evans v. Books-A-Million, No. CV-07-S-2172-S (N.D. Ala. Oct. 29, 2012)]
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