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Allen M., Esq.
Allen M., Esq., Employment Lawyer
Category: Employment Law
Satisfied Customers: 18790
Experience:  Employment/Labor Law Litigation
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question: we live in jersey, my husband works in Pennsylvania.

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question: we live in jersey, my husband works in Pennsylvania. He recently resigned from a job on 6-14-13. We received cobra papers for 6-30-13 (end of benefits on that date). We sent the check to the employer for the month of july. The employer stated that he wanted reimbursement for cobra for half the month of june he said the policy should have been cancelled on june 14th last date of employment. The agent stated they are going to backdate it and we will be responsible for any bills from the insurance company from 6-15-13 to present if we did not pay the half month of june and the premium for july. Can they backdate it today to the 14th of june when the insurance company already paid out on claims? I am forced to pay the half month if we take cobra? my husband already paid into the insurance for the two weeks in june he worked. I offered to pay the weekly premium for the last two weeks but the employer is being unreasonable and not accepting that offer. I have never worked for a company that cut off coverage mid month they always let you keep insurance till the end of the month. This is mini cobra because it is a very small company. Any direction would be helpful. thanks.

Thank you for your question today, I look forward to assisting you. I bring nearly 20 years of legal experience in various disciplines.


Yes, they can backdate it.


This is all in insurance law. Your coverage legally ends on the date of the event that causes the insurance to no longer be in place, which is the date of resignation in this instance. The employer here is probably not the person being unreasonable, but rather, it is the insurance company that they have the deal with.


Because it is a small company, they have very little if any ability to negotiate a contract in their favor for their group coverage. They get what they get from their carrier. You've worked with previous companies that may have had better relationships with their insurance carrier and were able to define an employee coverage period to include the entire month of the final month of coverage, but that is not legally required in any state or federal law.


Insurance companies can legally define the coverage period to only include that time frame where the person actually is working there, so there is nothing legally incorrect about having the employment date and insurance coverage end in the middle of the month.


Yes, you are going to be forced to pay for half the month if you take COBRA. I'm actually shocked that this is the first time you've experienced this. In the present market, fewer insurance carriers are allowing the extended coverage period beyond the event date leading to the COBRA eligibility. This is actually the norm now.

Customer: replied 3 years ago.
No it is the employer, the agent even said normally they do the end of the month.. it is what it is, didn't appreciate my cobra papers coming out as the 30th and finding out days later it was supposed to b the 14th. Thanks for your answer.. claims have been paid and all

Ok. Sorry. Usually it is the insurance carrier that behaves this way.


I'm sorry that your employer is acting like this, but nothing legally compels them to maintain your coverage beyond the resignation date. They should have gotten the original notice correct, but they are still within the appropriate notice window for COBRA, so the change doesn't place them in any legal danger.


Regrettably, they can get away with this.

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