my company stopped payment on my insurance without telling me, how can i get those deductions back?

Question

i found out last week at the pharmacy that i had no coverage and then went back to work and they were "working on it"and said to bring in reciepts and that it would be cleared up in 48 horus or so. this is the 2nd time that has happened which really fires me up as my money is somewhere NOT paying for my insurance. furthermore i called HIP directly and they said i have not been covered since 11/1/07 due to employer not paying on plan. what rights do i have as now i feel they owe me my money back from 2 months of not paying my bill. also what should i be prepared for on their end when i ask. people are hearing they are being sneaky and after the first of the year we will be under a different plan and that they prob have cancelled this one prematurely and not giving anyone a heads up until they find out on their own. please give me any facts that i want and dont want to hear. where is everyones money going while its not paying the bills? this is illegal right, moreso with no notice

Answer 1

Ok, now for the real story.

1. If they do not get your insurance reinstated by 12-31, retroactive to 11-1, they have stolen your portion that you have withheld from your pay.

2. Your company is suffering severe financial problems and if your insurance is canceled (as of now) that means that they are more than 45 days late with the check to the insurance company. This is bad news.

3. Times are tough, the economy is not "fine", unemployment is not "low", inflation is not 1.9% and the GDP is shrinking if you apply ACTUAL INFLATION to it. To sum it up we are in a recession and China and Mexico are running our companies into the ground. Of course, the government doesn't care---yet.


4. If your company reimburses you for your meds, give them to 12-31 to see if they get your insurance reinstated. My guess is that tomorrow many of your co-workers will be walking out of work with an added bonus--pink slips.

Again, many companies are struggling, just like your costs are up at home, so is your companies. And most companies cannot raise prices because we are competing with countries that don't play fair.

Give them a chance but if they don't get this fixed by 12-31, call your Department of Labor and file a formal complaint

No matter what the writing is on the wall, start looking for a new job TOMORROW. Don't wait to get your resume together and start responding to postings.

Good luck to you and I'm sorry you have to go through this.

Answer 2

You can file a complaint with your state labor board.

Your employer is "on the hook" legally, for any claims that would have been paid (less your deductibles and copays) that you could have gotten coverage for, until you were notified that the insurance was cancelled by them.

They don't need to give you any advance notice about the insurance being cancelled.

Of course, if they're not able to pay the health insurance premiums and keep the group going, they're likely on the way under ANYWAY. Suing probably isn't going to end up getting you any money.

You need a new employer, that's not flirting with bankruptcy.

Answer 3

Sounds like this company is in trouble financially. Not sure what rights you have. While you are working there, rocking the boat and complaining to any oversight agency will probably cause more trouble.

I wouldn't like the idea of having to show your receipts to HR....violates HIPPA rights to privacy.

Whether or not it's illegal...it's definitely unethical....I'm assuming you paid part of the premium.

I'd be on the look out for a new job. This company sounds like bad news, and I'll bet more goes on you haven't heard about ...yet.

Answer 4

I don't know what state you're in, but in California I'd take a trip to the local office of my State Labor Commissioner and file a complaint. Hopefully there is an equivalent in your locale.

Bring any documentation you have, including copies of pay stubs, company handbook, etc.

Good luck

Answer 5

it may not be illegal ... that depends on state law.

what the company not paying the insurance really suggests to me is that they're in danger of going bankrupt and/or there'll be lots of layoffs in the very near future. Start looking for a new job.

arguably, the company has the right to change your compensation at any time, unless state law or union contract, or individual contract provides otherwise. since this insurance is part of your compensation, they may have the right to kill the program on zero notice.

Answer 6

You need to read your employee manual to find out the truth. For example, the company I work for clearly states that "all benefits are subject to change at any time" - which means that nothing is guaranteed.

Your company isn't obligated to give you any benefits, unless you're part of a union and it is in a union contract - or if you have an employment contract with them that spells out benefits.

They do not owe you the premium they paid - you haven't provided enough information to know if they owe you for your out of pocket expenses for prescriptions.