Filed over the weekend in the Owensboro Division of United States District Court, Princeton’s Jonathan Craig Hawkins is seeking a jury trial and proper judgment against his former employer: Hopkinsville Solid Waste Enterprise.
According to Hawkins, HSWE terminated him on June 30, 2023. However, under the Federal Consolidated Omnibus Budget Reconciliation Act of 1985 — better known as COBRA — the company was required to provide him notice within 30 days of his dismissal of a 60-day period, in which he could elect COBRA continuation of health insurance coverage.
However, HSWE officials allegedly falsely backdated Hawkins’ date of termination to May 31, 2023, and that HSWE didn’t even send all notices until on, or after, July 27, 2023.
Hawkins did not receive the notice until August 7, 2023 — and was thus outside of the continual coverage opt-in timelines.
According to court documents, Hawkins suffers from severe psoriasis, which requires expensive medication to treat. When he lost health insurance, he was unable to afford his treatments out of pocket. He joined his wife, Angie’s, health insurance policy after January 1, 2024.
Hawkins is seeking the following in reparation:
*An issuance of process, bringing HSWE before the court.
*The empaneling of a jury to hear all issues of fact.
*A judgment granting all relief entitled under a violation of COBRA, including months of untreated psoriasis, the $110 per day from the date of notice until the date it was actually provided, and reasonable attorney’s fees.
*And any other relief the court deems just and proper.
Hawkins’ battle with HSWE first came to light in 2023, under the filing of an extensive lawsuit regarding failures to render proper overtime and compensation, as well as the possible muzzling of an alleged embezzlement scheme known to Tony Sicari and Richard Hopper.
