Legal Question in Employment Law in California

misuse of insurance premiums?

I elected to participate in my employer-sponsored health care plan and have YTD deductions of over $2,000 for my family plan. However I have just discovered that my employer has been delinquent in paying the premiums and the policy was cancelled on 3/1/2006.

What should I do?


Asked on 4/27/06, 9:46 pm

2 Answers from Attorneys

Patrick Turner Patrick E. Turner Inc. APLC

Re: misuse of insurance premiums?

If the only thing that you've lost out-of-pocket is the non-payment of premiums, you may want to consider suing the employer in small-claims court for the recovery of your unpaid wages. You may also be able to collect these wages through the Division of Labor Standards Enforcment. However, if you've encountered significant medical expenses in reliance on the coverage, the issue may be more complex and you may need to speak directly with an attorney regarding your rights and options.

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Answered on 5/02/06, 6:11 pm
Terry A. Nelson Nelson & Lawless

Re: misuse of insurance premiums?

When an employer fails to maintain the insurance an employee pays for, the employer becomes liable for payment of the medical expenses that the insurance would have paid. If you have benefits that aren't paid because of this, demand you employer pay them. Also demand refund of the premiums you paid that didn't result in insurance coverage. You can sue if you don't get these things, but you should contact an attorney if you need to take such actions, in order to insure it is done right.

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Answered on 5/02/06, 7:57 pm


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