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

April 24, 2012
By Eric B. Meyer on April 24, 2012 7:00 AM | | Comments

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!

(h/t Liz Goldstein)