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How to sue your former employer for violating your COBRA rights?
Optional Information: State/Country relating to question: Pennsylvania Already Tried: Upon being terminated, I asked my former employer about my COBRA rights and was told by him that because they were terminating me for "gross conduct" that they do have to offer COBRA benefits. My former employer refused to tell me the details of the conduct in question "for reasons of confidentiality" until he was forced to do so at my unemployment appeal hearing (almost 3 months later). Upon hearing the details of my "Gross Misconduct," I am fairly certain that it does not rise to the level of "gross misconduct" required to withhold COBRA benefits. I believe that my former employer acted unethically and violated my legal rights. For this reason, I would like to sue him. I need to know how to initiate this action.
You can sue him in either state or Federal court, although you are most likely going to end up in Federal court anyway. You will sue for a violation of the federal law that mandates COBRA as well as a violation of the ERISA laws. Cases start in either court by filing a complaint and having your employer served. Federal court has a "docket control order" in place which mandates how everything is done. Most state courts have these as well, although they're not as detailed as the Federal plans.ERISA is an extremely complicated law to sue under and you will need a lawyer to assist you. Most lawyers don't handle ERISA cases, look on www.avvo.com for one in your area who does.Thank you for allowing me to assist you. I believe I have answered all of the questions you asked so I would request that you please click the ACCEPT button so I receive credit for my work and leave feedback if you have a chance. Please consider clicking "BONUS" as a nice way of saying "thanks" for a job well done, although this is neither required nor expected. Please remember that we can only base our answers on the information you provide and sometimes a misunderstanding as to what you are looking for or already know occurs so feel free to ask additional questions. Please be aware that my answer is not legal advice, it is merely information. You should always contact a local attorney for legal advice.Several customers have asked how they direct a question to me in particular. If you specifically want me to provide information for you just put “FOR JD 1992” in the subject line and I will pick up the next time I am online.
Experience: Employment Law Expert