Sample Essay on:
Legal Memo – COBRA and the Obligation to Inform

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Essay / Research Paper Abstract

This is a 5 page paper that provides an overview of COBRA. A hypothetical legal memorandum highlights case law relevant to employer obligations to inform employees of COBRA rights. Bibliography lists 3 sources.

Page Count:

5 pages (~225 words per page)

File: KW60_KFlaw102.doc

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Unformatted sample text from the term paper:

two weeks ago, two employees of the airline got into a physical altercation while on the clock. In the course of their regular between-flight duties, the two employees first got into a verbal altercation, when the first flight attendant, hereafter named "Sally", threw an apple at a second flight attendant, hereafter named "Ronald", who then threw the apple back at Sally. Sally used a racial slur against Ronald, who is an African American. At this point, the altercation escalated and the two began wrestling on the floor of the aircraft, choking one another. Two first-class passengers then boarded the plane, noticed the altercation, and broke the pair up. Both Sally and Ronald were fired for the incident. Following the incident, however, the airline failed to notify Sally of her right to continuation of health coverage, for which failure she has sued the airline. This memo will examine the particular legal exegeses of the situation and make a determination about what ruling the court is likely to decide upon. ISSUE: The primary legal issue at debate in this situation is the violation of employee rights set forth by the Consolidated Omnibus Budget Reconciliation Act of 1985, popularly known as "COBRA", which requires employers to continue providing health care coverage to employees for a given period of time, such that the employee is not totally without health insurance during the time during which he or she seeks new employment (Cambridge Property and Casualty, 2012). In the event that an employer fails to notify an employee of this right and extend the offer of coverage, the employer is generally liable for any costs that the employee incurs as a result of the terminated health coverage, a liability that can sometimes amount to hundreds of thousands of dollars (Cambridge Property and Casualty, ...

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