as well as that i was never given any information on cobra or any way to extend my health care i have incurred a large amount of debt related to not having health insurance is there any action i can take against the company for both the wrongful termination and the health care issue
Depending on the facts of your dismissal and the terms of your employment, you could have a case for wrongful termination.
The healthcare issue is a much simpler case.
COBRA notices are required upon termination. If your employer failed to provide you with a COBRA notice, federal law makes your employer liable for a fine of up to $110 dollars per day for each day (after 30 days) that the notice was late. See 29 USC 1132(c)(1).
If there was a relationship between your termination and your health care coverage, your employer could have also violated another federal law that makes it illegal to discriminate against anyone "for exercising any right to which he is entitled under the provisions of an employee benefit plan..." 29 USC. 1140.
I hope that helps,
Joshua Erlich
Consumers can use this platform to pose legal questions to real lawyers and receive free insights.
Participating legal professionals get the opportunity to speak directly with people who may need their services, as well as enhance their standing in the Lawyers.com community.