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Have you ever wondered why current and former employees seek the advice of outside legal counsel? Below is a list of the most common, yet avoidable, mistakes that can leave a company's current and former employees disillusioned and cause them to seek out outside legal advice.
Failing to Provide COBRA Notices
The Consolidated Omnibus Budget Reconciliation Act of 1985 (COBRA) requires covered employers to permit qualified employees to purchase health care coverage at group rates temporarily. Covered employers must provide notice to qualified beneficiaries of their right to purchase COBRA coverage within 30 days of the occurrence of a qualifying event. 29 U.S.C. ' 1166(a)(2). A qualifying event includes, inter alia, the death of the covered employee, the termination of a covered employee (unless the employee was terminated for gross misconduct), and the divorce or legal separation of the covered employee from the employee's spouse. 29 U.S.C. ' 1163. When employers fail to provide their employees with a COBRA notice in a timely fashion, employees become concerned and seek legal assistance in obtaining the continuation of their benefits.
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