United Airlines (Jr. employee Frank Hester) failed to notify FA Blockhus of his legal right to continue health insurance coverage following his termination, as required under the Consolidated Omnibus Budget Reconciliation Act (COBRA). No election notice, continuation option, or written communication regarding postemployment health coverage was ever provided to FA Blockhus. An employer’s failure to issue a timely COBRA notice constitutes a statutory violation, exposes the employer to monetary penalties, and demonstrates bad-faith handling of the termination process. In FA Blockhus’s case, the violation is especially egregious because he was hospitalized on approved FMLA leave and actively receiving treatment for a serious medical disability while in another state when United cut off his health insurance and benefits without notice. 

Courts have consistently held that failure to provide COBRA notices supports claims for wrongful termination, and additional statutory damages, and further evidences the employer’s disregard for required procedures. As a direct result of United’s  (Jr. employee Frank Hester) failure to provide the required COBRA notice, FA Blockhus was left stranded in another state without medical coverage or any benefits of any kind while in the middle of his treatment. FA Blockhus health insurance was terminated abruptly and without warning, despite United knowing that he was hospitalized on approved FMLA leave for a serious medical condition. This left him unable to continue necessary care, return home safely, or obtain alternative coverage.

This fact sharply amplifies the severity of United’s COBRA violation and supports claims for statutory penalties, emotional distress damages, and bad-faith breach of the CBA. Courts view the termination of health insurance during ongoing medical treatment—especially without notice—as evidence of reckless disregard for employee rights. This not only strengthens the COBRA claim but also bolsters the argument that the termination process was rushed, unlawful, and carried out with disregard for both federal law and contractual protections.

Denial of Contractual Sick Leave/Rehabilitation

• FA Blockhus had ~800 hours of accrued sick leave. 
• FA Blockhus was contractually entitled to use sick leave for rehabilitation under CBA § 21.C.
  
  FA Blockhus was terminated in absentia while on approved FMLA leave, which ran from February 8 through April 5, 2021. At the time of his termination, United (Jr. employee Frank Hester) was fully aware that FA Blockhus was medically unavailable, hospitalized, and unable to participate in any investigative or disciplinary process. United (Jr. employee Frank Hester) had expressly agreed to postpone the investigation until the conclusion of his FMLA leave, and a formal directive was issued to all involved personnel confirming that FA Blockhus was “unavailable” and that the investigation was to be delayed accordingly. Despite this agreement and directive, United (Jr. employee Frank Hester) proceeded to investigate and terminate FA Blockhus sight unseen and without participation, directly interfering with his protected FMLA rights. By moving forward during the approved leave period—after acknowledging both his medical unavailability and the need to postpone—United (Jr. employee Frank Hester) willfully disregarded its contractual obligations and federal law, depriving FA Blockhus of the opportunity to defend himself, present evidence, or receive union representation.