Employment Law

Employment Law Questions? Ask an Employment Lawyer.

Ask a Lawyer,
Get an Answer ASAP!

Employment Law

Tina. I have a question concerning Cobra. I have't receive…

Customer Question
Good Morning Tina. I...

Good Morning Tina. I have a question concerning Cobra. I have't receive any notice from my employer about the Cobra Insurance. I

Lawyer's Assistant: Because employment law varies from place to place, can you tell me what state this is in?

Yes I am in Ohio. I've been reading about the 45 days they have to supply the information.

Lawyer's Assistant: Has anything been filed or reported?

No. How do I go about doing so? I've tried to call employer on several different occasions and nothing. I talked to Cobra but all they tell me is get ahold of previous employer.

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

I just sent ECCO a complaint about this job. I think it would benefit if they knew. No nothing else. Thank you Tina/ or Pearl..Thank you.

Submitted: 8 months ago.Category: Employment Law
Show More
Show Less
Ask Your Own Employment Law Question
Answered in 3 minutes by:
5/30/2017
Employment Lawyer: John, Employment Lawyer replied 8 months ago
John
John, Employment Lawyer
Category: Employment Law
Satisfied Customers: 5,933
Experience: Exclusively practice labor and employment law.
Verified

Hi, thanks for submitting your question today. My name is John. I have over 13 years of legal and consulting experience in this area. I’m happy to assist you with your question today. Please note that the website may ask you if you desire premium services, such as a phone call. I do not control these prompts, and you are not under any obligation to order premium services to get a full answer from me. If you do desire premium services, however, feel free to select that option. I will have an answer for you shortly, unless I require additional information. Please be patient while I may have to research some matters before providing a response. In the meantime you should save the url link or bookmark this webpage in case you become disconnected and need to return to this page at a later time.

Ask Your Own Employment Law Question
Employment Lawyer: John, Employment Lawyer replied 8 months ago

The first thing you need to know about cobra is that it applies to only employers with 20 or more employees.The employer has 30 days from the qualifying event to notify the plan administration of the qualifying event. After receiving a notice of a qualifying event, the plan must provide the qualified beneficiaries with an election notice, which describes their rights to continuation coverage and how to make an election. The election notice must be provided to the qualified beneficiaries within 14 days after the plan administrator receives the notice of a qualifying event. So overall, it may be as long as 44 days from the qualifying event before notice is given.

Then, at a minimum, each qualified beneficiary must be given at least 60 days to choose whether or not to elect COBRA coverage, beginning from the later of the date the election notice is provided, or the date on which the qualified beneficiary would otherwise lose coverage under the group health plan due to the qualifying event. If COBRA coverage is elected, the coverage is retroactive to the date that coverage lost. So, as you can see, it can be as long 104 days from loss of coverage before coverage is elected, but when it is elected it is retroactive to date of loss of coverage.
You cannot contact Cobra, rather, cobra is a law. You can contact either the employer or the plan to get them to send you the notice of election. In other words the employer have to contact the plan, then the plan contacts you giving you the notice. If you've done this and you're getting no response your best bet is to contact the Department of Labor EBSA division here - https://www.dol.gov/agencies/ebsa/about-ebsa/ask-a-question/ask-ebsa - and file a complaint. The department would then resolve the matter for you at no cost to yourself and possibly sanction the employer or plan somehow.
I believe this answers your question. However, if you need clarification or have follow-up questions regarding this matter, I will be happy to continue our conversation - simply reply to this answer. If you are otherwise satisfied with my response, please leave a positive rating as it is the only way I am able to get credit for my answers (even though the website already charged you, it does not credit me with the answer unless and until you indicate you are satisfied with the answer). If you are on a mobile device, you may need to scroll to the right. Thank you, ***** ***** wish you all the best with this matter.

Ask Your Own Employment Law Question
Was this answer helpful?
Ask John Your Own Question
John
John
John, Employment Lawyer
Category: Employment Law
Satisfied Customers: 5,933
5,933 Satisfied Customers
Experience: Exclusively practice labor and employment law.

John is online now

A new question is answered every 9 seconds

How JustAnswer works:

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

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:

I must thank you all for such a positive and knowledgeable Expert in your Employment Law category. She has provided much relief and answers for me in the midst of dealing with a case. I am totally pleased with her customer service and care.

MildredWashington, DC

Excellent direction from Socrateaser to help me preserve and pursue my rights as a proud American who has become unemployed in this messed-up economic downfall. Thank you

Happy CustomerDenver, CO

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

< Previous | Next >

Meet the Experts:

Tina

Tina

Lawyer

8,184 satisfied customers

JD, BBA, recognized by ABA for excellence.

Allen M., Esq.

Allen M., Esq.

Employment Lawyer

12,549 satisfied customers

Employment/Labor Law Litigation

Marsha411JD

Marsha411JD

Lawyer

12,316 satisfied customers

Licensed Attorney with 29 yrs. exp in Employment Law

Infolawyer

Infolawyer

Lawyer

12,054 satisfied customers

Licensed attorney helping employers and employees.

JB Umphrey

JB Umphrey

Lawyer

6,273 satisfied customers

Assisting employees and employers for over 14 years.

John

John

Employment Lawyer

5,933 satisfied customers

Exclusively practice labor and employment law.

Dimitry K., Esq.

Dimitry K., Esq.

Attorney

3,007 satisfied customers

I provide employment and discrimination law advice in my own practice.

< Previous | Next >

Related Employment Law Questions
Employment law. My manager told the entire department to
employment law. My manager told the entire department to ignore me, not to look at me. also in an auditorium meeting she said "little (name) in the corner" … read more
LegalPro54
LegalPro54
Doctoral Degree
1,258 satisfied customers
The National Labor Relations Board is representing me and my
The National Labor Relations Board is representing me and my union in a case against my former employer. I was wrongfully terminated and retaliated against for being the Union Organizer by my former e… read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
This question is regarding California Employment Law. I
This question is regarding California Employment Law. I would appreciate a quick response as I would like to make this change, starting tomorrow:I have a part time employee working 25 hours per week. … read more
John
John
Employment Lawyer
5,933 satisfied customers
The labor commmisioner had awarded me $90,047.00 but my
The labor commmisioner had awarded me $90,047.00 but my employer is threatening to file bankruptcy if I don't accept $30000 offer. Should I settle for $30000? … read more
socrateaser
socrateaser
1,031 satisfied customers
I received a notice from Pennsylvania department of labor
I received a notice from Pennsylvania department of labor stating there is a lien against me for failure to pay fault overpayment, in the amount of 8,853.00. It's been over 20 plus years thst I even r… read more
Ray
Ray
Lawyer
Doctoral Degree
31,355 satisfied customers
I have a question regarding employment law in the state of
I have a question regarding employment law in the state of Texas … read more
Marsha411JD
Marsha411JD
Lawyer
Doctoral Degree
12,316 satisfied customers
I have a question on employment law in Georgia. It involves
I have a question on employment law in Georgia. It involves a college that falls under the Univeristy System of Georgia. An employee's position was eliminated under the pretense of Reorganization/Redu… read more
Phillips Esq.
Phillips Esq.
Attorney-at-Law
JD
18,658 satisfied customers
The US dept of Labor did an investivation of my past
The US dept of Labor did an investivation of my past employer, they found out the employer owes me a lot of back pay and said they had till the 10th to pay out. They did not pay out, now I would like … read more
LegalPro54
LegalPro54
Doctoral Degree
1,258 satisfied customers
I am looking for a lawyer that handles employment law. I
I am looking for a lawyer that handles employment law. I have a case involving defamation, slander, workplace harassment, retaliation, unpaid wages and failure to follow Florida labor laws (wage payme… read more
Marsha411JD
Marsha411JD
Lawyer
Doctoral Degree
12,316 satisfied customers
In Arkansas, under Arkansas EMployment Laws and under the
In Arkansas, under Arkansas EMployment Laws and under the laws of the US Dept of Labor, is it legal to ask an employee that drives a company owned and insured vehicle to pay 1/2 or all of the deductib… read more
Ray
Ray
Lawyer
Doctoral Degree
31,355 satisfied customers
Can I get cobra insurance from my former employer if rather
can I get cobra insurance from my former employer if rather than being laid off I quit on good terms or retire… read more
Gerald, Esq
Gerald, Esq
Juris Doctor
3,683 satisfied customers
I presently have COBRA benefits through my former employer.
I presently have COBRA benefits through my former employer. The company is now in the process of changing plan administrators. I was told my coverage could end, that I would have to re-apply, and that… read more
Attyadvisor
Attyadvisor
Doctoral Degree
7,335 satisfied customers
This is about employment law. No, that is not necessary or
full time and our contract does include a non compete clause … read more
Damien Bosco
Damien Bosco
3,660 satisfied customers
The department of labor is claiming we need to back pay
the department of labor is claiming we need to back pay employee's lost wages for time that was never reported. all hours reported by the employee's were paid. how can the employer be held accountable… read more
lucy7368
lucy7368
Juris Doctor
763 satisfied customers
I need to find a lawyer to help me get my COBRA benefits
I need to find a lawyer to help me get my COBRA benefits reinstated after our appeal has been denied. … read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
I'm trying to figure out how HRAs work under COBRA. My
Hi. I'm trying to figure out how HRAs work under COBRA. My former employer recently changed health plans and under the new plan, the HRA is bundled with the medical benefit. For their COBRA participan… read more
Marsha411JD
Marsha411JD
Lawyer
Doctoral Degree
12,316 satisfied customers
Can a employer cancel Cobra before the election date due to
Can a employer cancel Cobra before the election date due to non payment when the employee has informed them the incorrect coverage election is noted?… read more
Phillips Esq.
Phillips Esq.
Attorney-at-Law
JD
18,658 satisfied customers
May I obtain from US Department of Labor, EBSA, (or other
May I obtain from US Department of Labor, EBSA, (or other entity) the Summary Plan descriptions (SPD) for ERISA covered pensions? If I meet the plans' requirements I will be eligible for some benefits… read more
Phillips Esq.
Phillips Esq.
Attorney-at-Law
JD
18,658 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x