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

Chicago, IL |
Filed under: Employee benefits

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


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.

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

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