Is it legal for my employer to rescind their offer to reimburse my COBRA this month, as agreed upon, because I'm resigning?

Asked over 1 year ago - Chicago, IL

My employer agreed to reimburse my COBRA for this month because they did not have their health coverage in place, as was agreed upon. I extended and paid the COBRA upfront and mid-month I was offered a new position and resigned my current position. Now the employer has notified me saying they are rescinding their offer to reimburse my payment because of my resignation. I have emails to show our agreement. Since they agreed to cover these costs because their coverage was not in place, can I sue to get them to reimburse this cost as was initially agreed upon?

Attorney answers (2)

  1. J. Richard Kulerski

    Contributor Level 20

    1

    Lawyer agrees

    Answered . You would be suing them for the cost of one month's premium, and this would be silly. Besides, your resignation may be enough to justify their refusal. I also suspect that you have a 30 day grace period under the former employer's coverage, and you may be able to use this to your advantage. Talk to the carrier.

  2. Alan James Brinkmeier

    Contributor Level 20

    1

    Lawyer agrees

    Answered . You changed a material term of the agreement by your own resignation, so, this is not a case for the courts.

Related Topics

Employee benefits

Employee benefits are what employers offer their workers that is also an incentive to work for their company. This can include health and retirement benefits.

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