Failure to provide timely COBRA notice, retaliation? No, Sensei!!!

cobrakai.jpg Workplace retaliation was the last thing on the mind of Cobra Kai Sensei John Kreese when he told Johnny to sweep the leg

Similarly, workplace retaliation was likely the last thing on the mind of the defendant-employer, in Thompson v. Morris Heights Health Center, when it sent out a late COBRA notice to the plaintiff, a former employee that had filed a Charge of Discrimination with the EEOC. The court held that an employer is not liable for retaliation where the employee: (1) received the opportunity to enroll retroactive to the date the employee’s health insurance ends, (2) turned down COBRA in favor of Social Security Disability benefits, and (3) did not seek subsequent employment.

And now that we have that clear…

What do we study here?

EMPLOYMENT LAW, SIR!
 And what is that way?

READ THE BLOG. EVERY DAY!
I can’t hear you.
THE EMPLOYER HANDBOOK. EVERY DAY!

http://www.youtube.com/watch?v=9fWvub_WBho

(h/t Liz Goldstein)

Updated:
  • Allison West

    Thanks, Eric. I am delivering a webinar on retaliation claims on Monday so this is timely!

    • http://www.theemployerhandbook.com/ Eric B. Meyer

      You are welcome, Allison.

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