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Patrick, Esq.
Patrick, Esq., Lawyer
Category: Employment Law
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Experience:  Significant experience in all areas of employment law.
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I Worked & P Supermarkets they are bankrupt, all store are

Customer Question

Hi, I Worked for A & P Supermarkets they are bankrupt, all store are closing 11/17/2015. I belong to the 1262 local union, I have 47 years sensory in the union. I asked the union about getting cobra insurance they said they are not offering it because A & P is no longer paying into it. Can they do that since the union also collects money from other companies like Shop Rite, Stop & Shop, FoodTown, etc.?
Submitted: 1 year ago.
Category: Employment Law
Expert:  Patrick, Esq. replied 1 year ago.

Hello and thank you for entrusting me to assist you. My name is ***** ***** I will do everything I can to answer your question.

COBRA simply entitles a departing employee to stay on their employer's group health plan by paying the entirety of the monthly premiums. This is an attractive option for some employees because the group plan premium will usually be less than the cost of comparable coverage procured independently. The unfortunate thing is that if the employer not longer has a group health insurance plan (i.e. they are going bankrupt), then it is impossible for an employee to avail themselves of the benefits of COBRA. Put simply, you can't stay on a plan that no longer exists.

So, if your employer is discontinuing its group health plan, I'm afraid that there would be no COBRA rights to exercise and your union would be correct.

I hope that you find this information helpful and am genuinely sorry if it is not what you were hoping to hear. Please do not hesitate to let me know if you have any questions or concerns regarding the above and I will be more than happy to assist you further.

Customer: replied 1 year ago.
Expert:  Patrick, Esq. replied 1 year ago.

You are welcome, I am glad I could answer your question. Again, please feel free to let me know if you have any further concerns. If I have answered your question, I would be very grateful for a positive rating of my service so that I may receive credit for assisting you.

Very best wishes.