What are my legal options if my employer has made deductions for insurance but kept the money and now my insurance has been cancelled?

My employer has not paid our health insurance premiums premiums since April but has deducted it from our check. He has also deducted but not paid towards out 401k either. We just found out our health insurance was cancelled 07/01. My husband has been diagnosed with prostrate cancer and has surgery scheduled for tomorrow that has now been postponed because of no insurance. What are my options towards my employer? My husband’s health is now at risk because of postponing this surgery.

Asked on September 16, 2010 under Employment Labor Law, Illinois

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

You need to get an attorney involved in this.  You can not put your Husband's health at risk and need to go through with the surgery as soon as possible.  So you are going to have to contact the State Department of Insurance, the State Attorney General's Office and start a suit against your employer for insurance fraud and I am sure many other causes of action that your attorney will be able to come up with.  You also need to report him criminally, although the State Department of Insurance may in fact be able to take that on.  You may have to sign a personal guarantee for the surgery so that he can have it but you will have a suit over and against your employer.  Good luck.


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