TAMPA – A woman alleges her former employer did not provide proper notice of her right for continued health care coverage after her termination.
Monica Sefchick filed a complaint on behalf of individually and those similarly situated on Dec. 1 in the Tampa Division for the Middle District of Florida against Branch Banking and Trust Co. citing the Employee Retirement Income Security Act and the Consolidated Omnibus Budget Reconciliation Act.
According to the complaint, the plaintiff alleges that on Aug. 12 she was terminated from her employment with the defendant. She alleges the defendant has repeatedly violated ERISA by failing to provide participants and beneficiaries in the health plan with adequate notices, as prescribed by COBRA, of their right to continue their health coverage. As a result of receiving deficient notice, the plaintiff alleges she was unable to obtain continuation coverage.
The plaintiffs hold Branch Banking and Trust Co. responsible because the defendant allegedly failed to provide all the required explanatory information if ever plaintiffs decide to continue their medical health coverage.
The plaintiffs request a trial by jury and seek judgment against defendant, designate named plaintiff and counsel as class representative and counsel, enjoin from further alleged infringement, statutory penalties, attorneys' fees, costs and expenses, corrective notices, and further relief as the court deems just. She is represented by Luis A. Cabassa and Brandon J. Hill of Wenzel Fenton Cabassa PA in Tampa.
Tampa Division for the Middle District of Florida Case number 8:16-cv-03303