The co. that I work for in S. Florida employs approx. 18 full-time employees. There is a health plan provided by the co. of which we the workers contribute approx. 50% of the cost. In my case my family coverage costs me 224.00 weekly. Recently, letters were sent to all who participate that the plan was terminated for non-payment. 2 weeks after, the plan was reinstated. On Jan. 30, 07 we were all informed that the plan is NO LONGER in effect due to non-payment (Bad Check) and we are w/o coverage retro to december 01, 2006..We're now told that the Co. is either merging w/another, or closing. What recourse do I/we have re; the 8 weeks that monies have been automatically deducted from our paychecks for this 'phantom' health policy? I'm owed $1800.00 for this unsavory (Illegal?) act, plus the bills I'll receive for Doctor visits for my family when unknowingly we were not covered. How do I recover, or prosecute? PS there's also the chance my employer will go bankrupt.
2007-01-30 15:03:19 · 19 answers · asked by Anonymous in Politics & Government ➔ Law & Ethics
WOW, talk about unfair.
I would talk to the prosecutor in your state.
I would think that they would be curious to know what is going on. Talk to them first (since it would be free to do so) and see if he or she would be willing to investigate it.
If that does not work out they would at least be able to point you in the right direction. Since you believe that the company is going bankrupt, time is off the essence.
If all else fails, talk to your tax preparer and see about claiming that loss on your taxes. I would also contact the doctors that you took your family to. They might be able to assist you and at the very least, I doubt that they would put you in collections for this debt that was accquired unknowingly by you. You might even ask them if they knew what the employer did as you might not be the only one that took patients there too. They might have more pull to get something done. If there is a way that you can talk to your other coworkers, maybe you could all hire one attorney and pursue a class action suit of some sort. I would NOT let that go! GOOD LUCK!
2007-01-30 15:11:32 · answer #1 · answered by lisa s 6 · 0⤊ 0⤋
Call your attorney general first and report the case.
If the company is broke (no assets and lots of dept) you will be wasting your time. Senior lean holders get paid first i.e. IRS, then creditors in order of judgement position.
What he did is unsavory, probably illegal, but you would have to take him to court to get a conviction, and after the smoke clears you will get no money back.
Sorry, but this is why people incorporate. Now if your employer isn't incorporated you may get some money if he has some after paying everybody off.
2007-01-30 15:17:28 · answer #2 · answered by Anonymous · 0⤊ 0⤋
Sounds like your company is trying to pull an ENRON, however you should not be liable for any debt. I would suggest speaking to an attorney, and getting the facts straight. Filing the necessary paper work, first to waive of you any liability, due to the fact your insurance coverage was none exit ant without your knowledge. You should really get that cleared, before claiming your right to the money. Unpaid doctors bills, can and will go on your TRW, if not attested. Causing long term damage.
2007-01-30 15:12:29 · answer #3 · answered by beygrl 4 · 0⤊ 0⤋
I definitely think you have a case to sue. However, lawyers are EXPENSIVE. The best course would be to get together as a group with other people you work with and sue as a group, so you all can split the cost of the legal fees.
That sucks that such a thing has happened to you - DON'T LET THEM GET AWAY WITH IT. I wish you all the luck in the world and I send you good vibes!!
2007-01-30 15:11:30 · answer #4 · answered by lanibear55 3 · 0⤊ 0⤋
If you alone get a lawyer it will cost you more than it's worth. If you all collectively get a lawyer you can possibly sue and get something.
Small Claims Court is another possibility if you have one in your state. I did that once and it cost me $16.00 to recover $1,990.00.
If your employer files bankruptcy he'll have to pay you for the money he withheld but it may take up to 7 years.
You will most likely loose the money you paid for doctors -- the insurance company is not liable or responsible for that.
2007-01-30 15:21:24 · answer #5 · answered by pilot 5 · 0⤊ 0⤋
Something similar to this happened at a company by me at least 2 years ago and last i heard the employees who got screwed are in the middle of a class action law suit to get their money back and medical bills paid. Good luck
2007-01-30 15:10:38 · answer #6 · answered by zane 2 · 0⤊ 0⤋
Sounds like Insurance Fraud to me. I would file a statement of complaint, signed by all employees involved, with the Commissioner of Insurance and the Florida Attorney General.
2007-01-30 15:21:47 · answer #7 · answered by gyro-nut64 3 · 0⤊ 0⤋
You can sue them for the return of the money garnished from your wages. Obviously, it was used for something other than the intended purpose.
I would speak to a lawyer that handles such cases. They will be able to better inform you of your legal recourse.
2007-01-30 15:12:47 · answer #8 · answered by volleyballchick (cowards block) 7 · 0⤊ 0⤋
absolutely. To protect your rights and as a lesson to the arrogant employer. By so doing you also contributed to the enlargement of the justice, a 'vital' concept in laws
2007-01-30 15:10:45 · answer #9 · answered by sobri pak din 1 · 0⤊ 0⤋
If you decide to file suit, and have adequate backup documentation, you should be able to recoup any expenses incurred up to the point at which you were paid up. However, if your company is folding up, good luck.
2007-01-30 15:13:56 · answer #10 · answered by detecting_it 3 · 0⤊ 0⤋