Employment law case analysis
While employed, Geissal was covered under Moore’s group health plan as well as under the health plan provided by his wife’s employer. After Geissal’s employment was terminated, he was offered and elected COBRA. After six months of premium payments, the employer informed him that there had been a mistake. According to the employer, since Geissal had been covered by another group health plan on the date of his COBRA election, he was not entitled to COBRA coverage.
The Consolidated Omnibus Budget Reconciliation Act of 1985 (COBRA) amended ERISA to allow a beneficiary of an employer’s group health plan. The beneficiary under ERISA could thus elect to continue coverage even though he could lose the benefit due to a qualifying event. In our case here, Moore fired James. James had also some coverage with his wife’s health scheme. Moore however told James that under COBRA, he had a right to elect continuing…