my employer terminated my health

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PostPosted: Fri Apr 17, 2009 7:11 am   Post subject:   

Hi Stacybrady,

This is the federal subsidy that you're talking about. All those who're laid-off may be eligible for 65% Cobra subsidy till nine months. A detailed account of the same has been provided at the US dept. of labor site- www.dol.gov/ebsa/COBRA.html

Steven
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PostPosted: Fri Apr 17, 2009 9:28 am   Post subject:   

Hi InsTeacher..

Tell me something!
Suppose my pay check shows the deductions done by my employer in connection with my insurance premiums.
Would such a paycheck be considered as a valid proof in the court of law?
Or do I need to attach any other document along with it?

ArindamSenIndies
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PostPosted: Sat Apr 18, 2009 5:10 am   Post subject:   

Our OP seems to have deserted us.

First of all, payroll deductions out of a worker's check are required under both federal and state law to be properly accounted for, as are all payroll account funds. So, if the deduction showed up on an employee's check listed as insurance, FICA, Medicare, state or fed taxes, QRPs, etc. and those funds weren't actually used for those purposes, the employee and the governments have cause for action against the employer. The paycheck stubs would be considered prima facie evidence of the deductions, and the employer would have to prove how he used the funds. The IRS would have a field day with the guy. These cases normally start out with the state labor boards and progress.

Thank you everyone for your information on COBRA and the ESARA information, however our OP isn't COBRA eligible. He will more than likely be eligible for portability, but portability isn't subsidized.

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PostPosted: Sat Apr 18, 2009 10:20 pm   Post subject: In the mean time  

While it's great to figure out what your options are, a more pressing problem is that for right now you have NO medical coverage. If you think this might take a while to resolve you might consider a short term policy so that you have at least some protection. They are very cheap.
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PostPosted: Mon Apr 20, 2009 7:57 am   Post subject:   

InsTeacher says:

Quote:
So, if the deduction showed up on an employee's check listed as insurance, FICA, Medicare, state or fed taxes, QRPs, etc. and those funds weren't actually used for those purposes, the employee and the governments have cause for action against the employer.


I understand but..does the employer need to show up documents supporting the allocation of his expenses towards the above mentioned purposes? Or else how would they proceed?

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PostPosted: Tue Apr 21, 2009 2:23 am   Post subject:   

Quote:
does the employer need to show up documents supporting the allocation of his expenses towards the above mentioned purposes? Or else how would they proceed?


Ahhh, the wonders of subpoena power. In any case involving misappropriation or conversion of funds, the court and the plaintiff' attorney will be a subpoena issued for all records having to do with these issues. Payroll records, tax records, you name it...if a court wants it they can usually get it!

There's your "proof."

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PostPosted: Tue Apr 21, 2009 6:43 am   Post subject:   

Quote:
Payroll records, tax records, you name it...if a court wants it they can usually get it!
That's perfectly fine. With an access to all of these records it would be a lot smoother to coordinate. I guess it would also save a lot of time for all parties.
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PostPosted: Fri Jul 24, 2009 1:20 am   Post subject:   

Who do I need to talk to if my employer has terminated my health coverage. (without notice) continues to take out money for health insurance
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PostPosted: Fri Jul 24, 2009 10:40 am   Post subject:   

Did this happen to all who are there in the group? How did you come to know that the coverage was terminated?
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PostPosted: Fri Jul 24, 2009 7:22 pm   Post subject:   

COBRA will be your first option unless your company goes out of business. Otherwise you simply purchase health insurance in the individual market from a trusted agent or agency.
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PostPosted: Thu Jul 30, 2009 4:22 am   Post subject:   

Quote:
COBRA will be your first option unless your company goes out of business. Otherwise you simply purchase health insurance in the individual market from a trusted agent or agency.


Be careful there...COBRA doesn't apply in all cases. As well, if you're covered under a group plan and COBRA doesn't apply, just about every state has portability and other protections in place to make sure the the group member has the right to some type of continuation of coverage.

Simply looking into the private market opens up a whole host of potential problems: pre-existing conditions limitations, probation and other waiting periods for certain services and the good possibility of the insurer declining to issue the policy.

If the OP could provide some more info- how long in the plan, how many employees work there, what state you're in...we could help more.

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PostPosted: Tue Apr 19, 2011 1:35 am   Post subject: Insurance  

I was terminated from my job on the 29th of march my employer cancelled my insurance on the 31st. I paid out of my last check for insurance. Shouldn't I have had coverge for what I paid for and then cobra offered.
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PostPosted: Tue Apr 19, 2011 12:20 pm   Post subject:   

COBRA continuation and payroll deductions are separate issues. You would have to know whether your employer was deducting in advance or in arrears (the latter is common--and is what allows the employer to terminate coverage at the end of the month in which a termination occurs).

COBRA continuation must be offered to employees who work for companies with 20 or more full-time (or FT equivalent) employees. You have 60 days from the DATE OF TERMINATION to elect to continue and pay the premium. In some cases, where notice is not given in a timely manner, you may have up to 45 days AFTER the notice is received to elect to continue.

If you are not covered under Federal COBRA, a number of states have enacted similar legislation to permit employees to continue their group plan at the group rate plus a surcharge.

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PostPosted: Sun May 29, 2011 11:56 am   Post subject: SyugpNHIfbwDZwkkEx  

Terminate coverage.. Peachy Smile
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