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Ray
Ray, Employment lawyer
Category: Employment Law
Satisfied Customers: 38850
Experience:  30 years in Employment law
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I was fired 12/22. I have not been given any information

Customer Question

I was fired 12/22. I have not been given any information regarding cobra. How soon must the employer give it to me?
JA: Because employment law varies from place to place, can you tell me what state this is in?
Customer: I have been been with a law firm for 6 months. They always told me I was doing a great job. Plus a week before they fired me they gave me a bonus. Then on 12/22 they say it is not a good fit. I would not sign a release saying that I quit and would not file for unemployment so they have canceled insurance. This is north carolina
JA: Is the employment agreement "at will," union, full time or part time?
Customer: Full time
JA: Anything else you want the lawyer to know before I connect you?
Customer: I don't think so.
Submitted: 2 months ago.
Category: Employment Law
Expert:  Ray replied 2 months ago.

Hi and welcome to JA. Ray here to help you today.Please bear with me a few moments while I review your question, conduct and prepare your response.

Expert:  Ray replied 2 months ago.

They are in violation here.Once they terminated they were required to notify you of COBRA rights and have not done so.

Employer COBRA Communication Duties

COBRA stresses communication to the employee of the right to continue benefits when a qualifying event occurs. Communication requirements include the following notifications:

  • You have to notify covered employees and covered spouses of their initial rights under COBRA when they first join the plan.
  • You have to notify covered persons of their election rights to continue coverage after a qualifying event occurs.
  • You have 30 days to notify the plan administrator (usually the insurance company) when a loss occurs for any of the reasons listed above, except for divorce and change of status by a dependent. In those two instances, you have 60 days to notify the administrator. The administrator has 14 days after notice from you to notify the person who is entitled to COBRA coverage.

After you send out the notice to an employee following a qualifying event, the employee has 60 days to notify you that he or she wants coverage. The employee can write you a letter, call you on the phone or tell you in person. If you don't hear from the employee within 60 days after your notification or 60 days after the event took place (whichever is later), the employee is no longer eligible to sign up.

Expert:  Ray replied 2 months ago.

You file a complaint with DOL here

If you have questions or concerns, you can contact us at 1-***-***-**** or visit www.wagehour.dol.gov.

Contact employer and tell them you want to enroll in COBRA

Also know you are eligible to enroll in Obamacare, this is considered a change of life and they have subsidies since you are unemployed this may be a cheaper alternative.

I appreciate the chance to help you today.I wish you the best

If you can positive rate 5 stars it is much appreciated.

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