My employer is deducting health benefits from payroll but insurance was cancelled months ago..what should I do

My employer is deducting health
benefits from payroll but insurance
was cancelled months ago..what
should I do

Asked on June 9, 2016 under Employment Labor Law, Texas

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

If they took your premiums, they are obligated to provide coverage (failing to do so is combination of breach of contract, fraud, and possibly conversion--a form of theft)--that means that if the coverage is cancelled, the employer itself must pay any medical expenses during that time. If they will not do so voluntarily, you could sue them for the benefits. If the amount at stake is less than or equal to the limit for small claims court, sue in small claims as your own attorney "pro se"; if it is greater than that, speak to an attorney.


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