How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
A new question is answered every 9 seconds

Ask an Employment Lawyer

Tina
Tina, Lawyer
Category: General
Satisfied Customers: 8060
Experience:  JD, BBA, recognized by ABA for excellence.
4460311
Type Your Employment Law Question Here...
characters left:
8 Employment Lawyers are Online Now

JustAnswer in the News:

 
 
 
Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.
 
 
 

What Customers are Saying:

 
 
 
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C. Freshfield, Liverpool, UK
< Last | Next >
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C. Freshfield, Liverpool, UK
  • This expert is wonderful. They truly know what they are talking about, and they actually care about you. They really helped put my nerves at ease. Thank you so much!!!! Alex Los Angeles, CA
  • Thank you for all your help. It is nice to know that this service is here for people like myself, who need answers fast and are not sure who to consult. GP Hesperia, CA
  • I couldn't be more satisfied! This is the site I will always come to when I need a second opinion. Justin Kernersville, NC
  • Just let me say that this encounter has been entirely professional and most helpful. I liked that I could ask additional questions and get answered in a very short turn around. Esther Woodstock, NY
  • Thank you so much for taking your time and knowledge to support my concerns. Not only did you answer my questions, you even took it a step further with replying with more pertinent information I needed to know. Robin Elkton, Maryland
  • He answered my question promptly and gave me accurate, detailed information. If all of your experts are half as good, you have a great thing going here. Diane Dallas, TX
 
 
 

COBRA Law

Most people are unaware of COBRA law. They tend to ask questions like what are COBRA laws, COBRA termination, and COBRA violation? People may turn to Experts for insights or solutions. Listed below are five of the Top COBRA Law Questions.

What is COBRA?

Consolidated Omnibus Budget Reconciliation Act, is also known as COBRA. In 1986 is when COBRA came to be a law. COBRA grants someone the right to decide to continue with health insurance benefits that the individual could lose behind from decreasing the individual’s employment hours, leaving their job, or being fired from work. The individual could maintain the insurance up to eighteen months. In some cases, some individual’s might maintain it a little longer.

Can a COBRA policy be terminated if paid one day late if the insurance cashed the check and then sent the termination letter?

If the check was not postmarked on time, this is the fault of the insured and not the insurer. If they cashed the check and have not sent a refund this is something you can argue with them. However, the insurer has the right to terminate the policy immediately if payment is not received or postmarked in accordance with the terms of the policy. This means that if the insurer does not agree to reinstate you could complain to the department of labor, which oversees COBRA, but all they will review is whether or not the terms of the policy were complied with.

What are the limitations if an employer does not offer COBRA to an employee in a timely manner?

• IRS excise tax penalty of $100 per day for each violation. This fine can be increased to $200 for each day in which there was more than one Qualified Beneficiary per family.
• An ERISA penalty of $110 per day payable to each Qualified Beneficiary for each day the employer was not in compliance.
• The employer can be held liable for payment of legal fees, court costs and even for medical claims incurred by a Qualified Beneficiary.

Thus for each beneficiary, it is $110.00 per day, plus attorney's fees and cost. The problem is that you have to prove that they did not send you a COBRA notification. They will probably say that they did send it out, and you must not have received it.

Can individuals qualify for longer periods of COBRA continuation coverage?

In most situations, yes, disability can extend the 18 month period of continuation coverage for a qualifying event that is a termination of employment or reduction of hours. To qualify for additional months of COBRA continuation coverage, the qualified beneficiary must:

• Have a ruling from the Social Security Administration that he or she became disabled within the first 60 days of COBRA continuation coverage
• Send the plan a copy of the Social Security ruling letter within 60 days of receipt, but prior to expiration of the 18-month period of coverage

If these requirements are met, the entire family qualifies for an additional 11 months of COBRA continuation coverage. Plans can charge 150% of the premium cost for the extended period of coverage.

Can someone get COBRA if they was terminated while out on STD?

Any time you are terminated from employment you are entitled to COBRA benefits. The employer should have sent you a notice for COBRA and if they have not, you need to contact the state department of labor and file a complaint.

COBRA Law is a diverse topic; it can cover a lot of issues or situations one after another. Often times individuals turn to Experts with questions such as what are COBRA laws, COBRA insurance law, and federal COBRA law.

Ask an Employment Lawyer

Tina
Tina, Lawyer
Category: General
Satisfied Customers: 8060
Experience:  JD, BBA, recognized by ABA for excellence.
4460311
Type Your Employment Law Question Here...
characters left:
8 Employment Lawyers are Online Now

How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Employment Lawyers are online & ready to help you now

Ron
ASE Certified Technician
Satisfied Customers: 21594
23 years with Ford specializing in drivability and electrical and AC. Ford certs and ASE Certs
Dr. Y.
Urologist
Satisfied Customers: 18601
I am fellowship trained specializing in general urology and reconstructive urology.
John
Home Appliance Technician
Satisfied Customers: 13453
Appliance repair business owner for over 43 years.

Recent COBRA Questions

  • I enrolled in health insurance at my place of employment in

    I enrolled in health insurance at my place of employment in April 2014. We were all asked to re-enroll in August some kind of glitch with the new owners. I received my medical card and medical packet in the mail with Blue cross Blue shield dated August 27th. About a month ago I received letter of termination. I called to find out what had happened and they said it would be taken care of. So four pay periods later no premiums have been taken out and I have no insurance coverage. Last Friday I was called by HR to inform me that I was not able to re-enroll. They accused me of never enrolling. Well then if I had not enrolled why did I receive a card and a welcome packet? Then I was told if they would allow me to enroll I would have to pay the premiums from the last 4 pay periods. Why would I do that if they had me as being not insured. What are my rights?
  • My husband has been off work since September 3 2013. He has

    My husband has been off work since September 3 2013. He has had nothing but trouble collecting his Short Term, and Long Term Disability. His company has not had any contact with him, other than the mail to inform him that they had converted the life insurance policies that he paid extra for for 38 years that he carried extra on him and me. The reason being, this would be going towards his COBRA Insurance. He has not received a letter of separation informing him of termination, yet the company is paying his COBRA Insurance! Do companies pay your COBRA Insurance? Is it legal for them to have taken the life insurance policies that he carried on himself and I? These are just a few of the issues we are experiencing.
  • I was a high risk pregnancy, I gave my employer the doctor's

    I was a high risk pregnancy, I gave my employer the doctor's note that stated that I was to be on bed rest until delivery. When I asked my employer about returning to work after being released from my doctor, she told me in writing that my job responsibilities have been reduced, therefore I could only work as a part-time employee with no benefits. I went from $31,000 per year to $12 per hour, 4 hours per day, 5 days per week. It is my understanding that since I was a full time employee with benefits, the employer could not reduce my salary, but change my job title. Is that true?
< Last | Next >
View More Employment Law Questions