Emily Sortor  |  March 6, 2020

Category: Labor & Employment

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Lowe's storefrontA judge has rejected Lowe’s efforts to dismiss claims that the company did not sufficiently notify former employees of their health benefit extensions under COBRA, but did say that the claims should be handled individually as opposed to a class action lawsuit for the time being.

If the individual claims survive summary judgment, then the employees may be able to pursue a class action lawsuit.

U.S. District Judge William F. Jung determined that the Consolidated Omnibus Budget Reconciliation Act (COBRA) violation claims should not be dismissed entirely, as Lowe’s had argued. The judge rejected Lowe’s assertion that the workers had not sufficiently argued that it was because of a deficiency in the COBRA notice that they were not able to get health insurance. 

According to the judge, “whether the COBRA notice was deficient in a way that impacted plaintiffs’ ability to get health insurance is an issue inappropriate for resolution at this stage of the litigation.” Additionally, the judge stated that he felt that the workers had sufficiently established that they were indeed injured by Lowe’s conduct.

The Lowe’s COBRA notice class action lawsuit was filed by two former Lowe’s employees, Milton Robles and Dayra Rivera, in October 2019. They claim that, upon their departure from Lowe’s, they were not sufficiently notified that they were entitled to extended health benefits under COBRA.

The workers say this caused them actual injury by causing them to go without healthcare or to pay out-of-pocket for services. Allegedly, if they had been properly notified that they were eligible for COBRA, they would have signed up for continued healthcare and would have had some of their medical costs covered by the policy.

In trying to have the COBRA notice class action lawsuit thrown out, Lowe’s had argued that the methods by which they notified workers of their rights was in line with the requirements of the Employee Retirement Income Security Act (ERISA).

The home improvement retailer also claimed that the workers did not provide specific examples of the ways in which they felt that Lowe’s COBRA notice was improper, merely saying broadly that they were “confused” and that the notice was generally insufficient. 

However, the judge notes that the workers did say that the notice was deficient in that it did not provide instructions on how to enroll in COBRA. Additionally, the workers alleged that the notice failed to provide a form that the workers could use to sign up for continued healthcare insurance. The judge determined that these elements are “more than conclusory allegations” and are sufficient for the workers’ argument.

Have you ever eligible for COBRA? Did you understand your rights under the program? Tell us about your experience in the comments below.

Robles and Rivera are represented by Brandon J. Hill and Louis A. Cabassa of Wenzel Fenton Cabassa PA.

The Lowe’s Insufficient COBRA Eligibility Notice Class Action Lawsuit is Robles, et al. v. Lowe’s Home Centers LLC, Case No. 8:19-cv-02713, in the U.S. District Court for the Middle District of Florida, Tampa Division.

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5 thoughts onLowe’s COBRA Lawsuit Preserved By Judge

  1. Eugene Mincey says:

    Just received cobra paperwork in mail on 9/14/2020. States coverage ended on 09/04/2020.Im supposed to have a heart procedure done soon. Now no coverage.

  2. Lindsay s says:

    My job did the same thing… I’m in the restaurant industry. I got my letter the day my benefits ended. Doesn’t seem right.

    How do I file a suit?

  3. Ebony Hutchinson says:

    Add me

  4. Luis P Rodriguez says:

    I worked at Lowe’s from 2010 to 2014 and I did not recieve proper instructions either

  5. Nathaniel Holsey says:

    Please add me to this lawsuit.

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