Can employer deny COBRA coverage due to being under 20 employees if they offer it to other ex-EEs?

I was recently left an employer with 18 employees. Although they do not meet the 20 employee minimum, they have voluntarily (and I believe currently are) offered COBRA coverage to separated employees.

The employer told me that they are denying me COBRA because they have less than 20 employees, despite the reality that they are offering to other ex-employees.

Are they operating within the COBRA guidelines? Obviously, my position is that they've set a precedent and treating me in a discriminatory manner.

Thanks.

0 answers  |  asked Sep 9, 2009 11:12 AM [EST]  |  applies to Virginia

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