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COBRA notification requires only a ‘good faith’ effort

by on
in Human Resources

The 5th Circuit Court of Appeals upheld a ruling that an employer who sent a COBRA continuation insurance notice to a former employee at his last known address via certified mail had no obligation to resend the notice after it was returned by the postal service. Good faith compliance with COBRA only requires the employer to show that the notice was properly sent, not necessarily that it was received. (Degruise v. Sprint Corp., 5th Cir., No. 00-31320, 2002)

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