An employee was terminated in during a company's bankruptcy.The company failed to provide COBRA notice and continued the employee's coverage under the company's health plan for two years before discontinuing it.

The company survived bankruptcy and continued to offer medical insurance to its employees. The terminated employee filed an action claiming, among other things, that he was entitled to statutory penalties for the company's failure to provide him with a COBRA notice.

Will the employee be successful in his claim?Why or why not?