my employer terminated my health coverage without any notification, what are my options?
Total Comments: 28
Posted: Wed Apr 15, 2009 10:23 am Post Subject:
If your employer deducted wages from you and did not pay for the insurance- this is in violation of law.
Agreed, but how this can be tracked? I think the Op realized that his coverage has been terminated when he has faced a situation with claim. We don't know when the coverage has expired. Without notification its hard for the employee to know that his coverage has been expired owning to the non-commitment of his employer.
Posted: Thu Apr 16, 2009 01:57 am Post Subject:
OK, to respond to
If your employer deducted wages from you and did not pay for the insurance- this is in violation of law.Agreed, but how this can be tracked?
I'm sure you've seen that when an employer deducts wages to pay for things like insurance, the deductions will show up on your paycheck. That's that paper trail. But I blew it- the OP said in his pm to me that the premium payments for his coverage were to be borne by the employer, so that comment about the violation of law wouldn't apply here as the OP wasn't paying for the coverage. I would post his pm that he sent to me but I'm not sure if the OP would want me to.
In another pm, the OP told me that there were other reasons for this being what it is, and I commiserate with him. He got screwed big-time. :twisted: :twisted:
OP :arrow: I think there may still be a glimmer of hope. Your last pm said that you were named in the papers and that your dad was the named respondent. The coverage dictate in the "papers" said that you were included in the paperwork, so to speak. This is something that I think I can help you with outside of pm's if you don't care if the whole world knows what's up with you. Remember, you are anonymous here. Plus, I can't pm you back.
InsTeacher 8)
Posted: Thu Apr 16, 2009 06:25 am Post Subject:
Certainly, this has to be taken up in the court if the coverage can't be placed back in force.
Sounds like there's more to the issue than is posted here given your pm to me.
Any other possibilities that may have come to your mind?
Steven
Posted: Thu Apr 16, 2009 05:34 pm Post Subject:
I don't know if COBRA applies to your company, but if so, the American Recovery and Reinvestment Act (recently signed into law) stipulates that those losing their jobs between Sept 08 and Dec 09 only need to pay 35% of their COBRA premium. The rest is paid by the employer who recoups the money through a payroll tax deduction. This year, COBRA might not be as expensive an option for you as it would have been in the past.
Posted: Fri Apr 17, 2009 07:11 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
Posted: Fri Apr 17, 2009 09:28 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
Posted: Sat Apr 18, 2009 05:10 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.
InsTeacher 8)
Posted: 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.
Posted: Mon Apr 20, 2009 07:57 am Post Subject:
InsTeacher says:
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?
ArindamSenIndies
Posted: Tue Apr 21, 2009 02:23 am Post Subject:
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!
Posted: Wed Apr 15, 2009 10:23 am Post Subject:
If your employer deducted wages from you and did not pay for the insurance- this is in violation of law.
Agreed, but how this can be tracked? I think the Op realized that his coverage has been terminated when he has faced a situation with claim. We don't know when the coverage has expired. Without notification its hard for the employee to know that his coverage has been expired owning to the non-commitment of his employer.
Posted: Thu Apr 16, 2009 01:57 am Post Subject:
OK, to respond to
If your employer deducted wages from you and did not pay for the insurance- this is in violation of law. Agreed, but how this can be tracked?
I'm sure you've seen that when an employer deducts wages to pay for things like insurance, the deductions will show up on your paycheck. That's that paper trail. But I blew it- the OP said in his pm to me that the premium payments for his coverage were to be borne by the employer, so that comment about the violation of law wouldn't apply here as the OP wasn't paying for the coverage. I would post his pm that he sent to me but I'm not sure if the OP would want me to.
In another pm, the OP told me that there were other reasons for this being what it is, and I commiserate with him. He got screwed big-time. :twisted: :twisted:
OP :arrow: I think there may still be a glimmer of hope. Your last pm said that you were named in the papers and that your dad was the named respondent. The coverage dictate in the "papers" said that you were included in the paperwork, so to speak. This is something that I think I can help you with outside of pm's if you don't care if the whole world knows what's up with you. Remember, you are anonymous here. Plus, I can't pm you back.
InsTeacher 8)
Posted: Thu Apr 16, 2009 06:25 am Post Subject:
Certainly, this has to be taken up in the court if the coverage can't be placed back in force.
Sounds like there's more to the issue than is posted here given your pm to me.
Any other possibilities that may have come to your mind?
Steven
Posted: Thu Apr 16, 2009 05:34 pm Post Subject:
I don't know if COBRA applies to your company, but if so, the American Recovery and Reinvestment Act (recently signed into law) stipulates that those losing their jobs between Sept 08 and Dec 09 only need to pay 35% of their COBRA premium. The rest is paid by the employer who recoups the money through a payroll tax deduction. This year, COBRA might not be as expensive an option for you as it would have been in the past.
Posted: Fri Apr 17, 2009 07:11 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
Posted: Fri Apr 17, 2009 09:28 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
Posted: Sat Apr 18, 2009 05:10 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.
InsTeacher 8)
Posted: 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.
Posted: Mon Apr 20, 2009 07:57 am Post Subject:
InsTeacher says:
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?
ArindamSenIndies
Posted: Tue Apr 21, 2009 02:23 am Post Subject:
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."
InsTeacher 8)
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