United Contractor Services Hit With COBRA Notice Suit

Law360 (August 28, 2020, 4:12 PM EDT) — United Contractor Services LLC has become the latest company hit with a proposed Employee Retirement Income Security Act class action challenging its method of notifying departing workers of their right to stay on the company’s health care plan under the Consolidated Omnibus Budget Reconciliation Act.

Former employee Derle Cuellar sued the Georgia-based construction contractor in Texas federal court Thursday, saying the difficult-to-understand notice the company sent him didn’t comply with ERISA’s requirement to clearly outline workers’ COBRA rights.

“Defendant’s COBRA notice confused plaintiff and resulted in his inability to make an informed decision as to electing COBRA continuation coverage,” the complaint…

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