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Andrea, Esq.
Andrea, Esq., Attorney
Category: Legal
Satisfied Customers: 11651
Experience:  25 yrs. experience in family law, estates, real estate, business law, criminal defense, immigration, and employment law.
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My husband was laid off, received COBRA. Company (country club,

Resolved Question:

My husband was laid off, received COBRA. Company (country club, owned by the members) hires a new management company to run the business. Oct 19 we were given notice that the company no longer has a group plan and that his cobra benefits expired on the 30th of the previous month,Sept 30. They have hired employee leasing company's to manage their employees payroll etc before when he worked there. I called the management company's general manager, they do have employees and health insurance.I am told that the country club hiring a management company has no affect on his cobra. The issue seems to hit a roadblock on the aspect if the country club has employees by virtue of this management company running the place. Also, is there a legal requirement for them to give a full 30day notice. In essence we received 9 days. Thank you for your help.
Submitted: 4 years ago.
Category: Legal
Expert:  Andrea, Esq. replied 4 years ago.

Good Morning,

 

Thank you for your question and for choosing JustAnswer.

 

I will double check on the notice aspect for you.

 

Keep in mind that the country club does not necessarily have employees by virtue of the management company brought in to run the business. These management companies are springing up everywhere and they are what is called "Independent Contractors" and not employees. This relieves the company from a lot of expenses it would ordinarily have if they were employees.

 

Let me check on the COBRA notice requirements and I will get back to you as soon as I can, okay?

 

 

ANDREA, JD, LLM

Member, NY & PA Bar

Customer: replied 4 years ago.
Thank you for your reply. It is the first clear and logical response I have received. How can I find out the particulars of the agreement between the management company and the country club. You mention "not necessarily", that is why I ask. Is there a public record when this type of transaction occurs so I can resarch to find out the particulars?
Expert:  Andrea, Esq. replied 4 years ago.

Thank you for your patience,

 

I researched that part of ERISA dealing with COBRA and although COBRA may last longer, it can also be terminated earlier for a variety of reasons, one of them being that the employer ceases to maintain any group health plan.

 

There was no minimum time specified during which the coverage could not be terminated; therefore, COBRA can be terminated without any specified prior notice.

 

I realize this is not the answer you were hoping for and I wish the answer were different; however, I have an obligation to furnish you with correct and accurate answers and information.

 

_______________________________________________________________________________

 

 

 

 

Leaving positive Feedback, Bonus, etc., are always appreciated.

 

_______________________________________________________________________________________

 

 

ANDREA, JD, LL.M., Taxation

Member, NY & PA Bar

 

DISCLAIMER: The facts stated herein are information only and are not intended, nor should be construed as legal advice or legal opinion and No Attorney-Client relationship is formed by asking questions and receiving information; laws vary from state to state and to protect your interests, you should seek local counsel

Expert:  Andrea, Esq. replied 4 years ago.

Thank you for the compliment; I appreciate it!

 

Regarding your inquiry about the management company's agreement with the country club, unless the country club is a publicly held company (Shares of stock owned by the public and traded on one of the stock exchanges), these are private agreements.

 

However, if you get the name of the management company and you look them up on the internet you will be able to determine if they are an independent contractor, i.e., if you can find their name listed as a separate entity, you can be pretty sure that they are an Independent Contractor and not an employee.

 

Although it was not the answer you were hoping for, I hope that this informations answers your questions.

 

If you have any other questions or have questions in the future, please feel free to ask for me; you can do so by typing my name at the beginning of your question.

 

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Leaving Positive Feedback, Bonus, etc., are always appreciated.

 

_______________________________________________________________________________________

 

Thank you for allowing me to assist you, and don't forget to leave Feedback letting us know how your experience with a JustAnswer Legal Expert was

 

 

ANDREA, JD, LL.M., Taxation

Member, NY & PA Bar

 

DISCLAIMER: The facts stated herein are information only and are not intended, nor should be construed as legal advice or legal opinion and No Attorney-Client relationship is formed by asking questions and receiving information; laws vary from state to state and to protect your interests, you should seek local counsel

Andrea, Esq., Attorney
Category: Legal
Satisfied Customers: 11651
Experience: 25 yrs. experience in family law, estates, real estate, business law, criminal defense, immigration, and employment law.
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