The employer submitted as evidence an affidavit by the delivery manager of its plan administrator, who is responsible for ensuring that COBRA notices are sent to departing employees, as directed by the employer. The affidavit stated that based on the delivery manager's review of the computer records, the COBRA notices were sent to the employee by regular mail on March 7, 2014, and on February 17, 2015.
According to the U.S. District Court for the Western District of Michigan, the affidavit properly supported the employer's contention that it complied with COBRA by having notices mailed to the employee.
The court noted that several other courts have specifically found that: "Several courts have specifically found that employers are in compliance with Section 1166(a) when they send COBRA notices via first class mail to an employee's last-known address." (
Perkins v. Rock-Tenn Services, Inc., DC MI, 1:15-cv-8, 6/6/16)
Bottom line: The fact that the employee didn't receive the COBRA notices didn't mean that the employer failed to comply with the law. The court stated there was "no genuine dispute that (the company) complied with COBRA."