Refused the letter

HCCADC · April 2005

I sent a COBRA letter by certified mail and the ex-employee refused it at the post office. I documented this, kept the envelope with the 'refused' on it and sent the letter by regular mail with an acknowledgement from the post office that I sent a letter to the person. Has anyone ever had an employee refuse the letter and if so what was your process? I really can't prove that he received the letter, but at least I showed a good faith effort, do you think this is enough?

Whatever · April 2005

You did all you can do. If the ex-ee doesn't want the letter that is not your concern.

dchr9203 · April 2005

I have and same as yours. I mail it regular US first class and document. That's really all you can do.

LarryC · April 2005

And that's all you really have to do.

Geno · April 2005

My understanding is that the DOL has stated that a timely first class mailing of the Qualifying Event (QE) Notice should be sent to the Qualified Beneficiaries (QB’s) last known address -- and that furthermore, (and this is the important part) employers need only prove that the Notice was sent: not that the addressee received, read, or understood the Notice.

GENO

Don D · April 2005

PoRk is our resident expert on COBRA notifications.

pork1 · April 2005

HCCADC: Thanks Don, you have the answer.

PORK

AnneLa · April 2005

We use proof of mailing for COBRA and FMLA and other assorted goodies that we must send to our employees.

hrbanker · April 2005

I had the same thing happen to me. ..Ex employee didn't want certified mail from the business because we were sending him notices of legal action against him. His wife called me in a tizzy because she thought I hadn't sent the information out. I told her it was sent by certified mail. She hemmed and hawed and then said they weren't accepting certified mail.

After that, I began sending them regular mail.

lhill · April 2005

I send one copy regular first class mail, then a second copy by Certificate of Mailing. This is cheaper than certified, does not require a signature, and the PO stamps the receipt verifying it was mailed.

Linda

Shadowfax · May 2005

I use a variation of Linda's: one by first class (if you want someone to actually receive it, 1st class is the way to go) and another by return receipt - now you got em wrapped up, even if they refuse the certified.

LindaS · May 2005

I used to send COBRA notices via certified mail - return receipt until I went to a COBRA seminar and is was recommended that it NOT be sent return receipt. The reasoning that was given was that you have to make a good faith attempt to ensure that the EE, or qualified beneficiary, receives the notification and if you get the paperwork back showing that they refused it, or failed to come in and sign for it, you now know that they didn't receive it. If, at some point, they come back and claim they never received it, you have proof that verifies that they did not. If you only send it first class mail, you don't have any proof that it was sent at all.

Best way, they recommend, is to send it via certificate of mailing. This way you have the proof that it was mailed but nothing that proves whether they received it or not so in the eyes of a court, you have met your obligation.

In answer to the initial question, I think that you having received the verification that they did not receive it your best defense is to send another notification via cerficate of mailing. That way, should there ever be a question, you have the initial notice showing they refused the certified letter and the 2nd set of documentation showing that you tried again. Maybe I'm going overboard but I think this route would prove that you met your obligation.

Refused the letter

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