Some of those laws will mandate that repayment agreements contain specific terms and conditions to be enforceable. While a parent may be able to make an election to continue coverage on behalf of a dependent, and similarly, a spouse on behalf of the other spouse, each qualified beneficiary's right to elect or refuse coverage is independent. The DOL has long taken the position that a single notice sent addressed to both the employee and spouse residing at the same address is sufficient for the initial notification. In addition, the last known address of each of the qualified beneficiaries must be at that address. The opinion letter also confirmed the DOL's position that first-class mail is sufficient.
Many employers choose to use certified or registered mail so that there is a record of the mailing.
Unfortunately, there are many cases involving persons claiming that they never received the notice because they were not home when the certified mail arrived and the post office lost the mail before they picked it up. It is good practice, even if using certified or registered mail, to also put a copy of the notice in regular first-class mail. One of the best ways to protect yourself from negligent-hiring claims is to complete a thorough background and reference check before hiring an individual. At a minimum, this should include contacting all prior employers and references. Even if the prior employers will only confirm the dates of employment and the last position held, you have fulfilled your duty to inquire.