QUESTION
Employer didn't pay health insurance, what are the legal ramifications for an employer not communicating a major change in our plan to us?
Asked on Feb 01st, 2013 on Labor and Employment - Texas
More details to this question:
My employer did not pay for our health insurance one month and all employees were dropped. This information was not communicated to any of us and we all found out at the pharmacy, doctor's or through the office grapevine.
4 ANSWERS
If you had a medical claim that was not paid, then you likely can sue the employer for that medical claim, but I do not think you can recover otherwise for this. I do not practice insurance law, so you should get the opinion of another attorney before you rely on what I think.
Answered on Feb 05th, 2013 at 12:33 PM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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It would appear that your action would be for breach of contract. It may be a wage and hours claim as well.
Answered on Feb 05th, 2013 at 12:33 PM
Accidents Attorney serving Tyler, TX
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The Flowers Law Firm, P.C.
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In order to make a complete analysis of your situation, more information would be needed (particularly about dates of employment, who pays the premiums, any FMLA issues or leave issues, etc.). But generally, if the money has been withheld from wages, and the company says you have coverage, then the company must make sure that you are provided with that coverage. So long as your premiums are taken by the company and they tell you that you are covered, you should be covered. If the employer pays the benefits, there may be other issues that need to be explored.
Answered on Feb 05th, 2013 at 12:32 PM
You should contact an attorney and provide all the details to determine if you and your coworkers have any viable claim.
Answered on Feb 05th, 2013 at 12:32 PM