What to do if my employer has been deducting for health insurance but hat has not been making the premium payments and now the policy has been cancelled?

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What to do if my employer has been deducting for health insurance but hat has not been making the premium payments and now the policy has been cancelled?

Insurance payments come out my check weekly. Employer has not been paying the insurance company. I have been told the policy was terminated at the beginning of this month.

Asked on January 24, 2012 under Employment Labor Law, Colorado

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

Speak with an attorney; the employer is potentially liable to you for the money it improperly took out of your paycheck; for any medical costs you incurred while you thought you were covered but were not; and possibly, if it costs more to obtain replacement insurance, for the difference in price. Talk to a lawyer immediately, unless  you have been fully satisfied by what the employer has told you (e.g. it was a bad, but honest, administrative mistake; they are reinstating your insurance and returning the money they took out of your check but failed to pay--and you believe them). That's because in most cases like this, it's NOT an honest mistake. Usually, rather, it's that the company is in bad financial shape, and is using employee money to keep itself afloat; or someone is stealing the money. In either event, the longer you wait, the greater the chance all the money will be gone and/or the company will close, giving you no ability to obtain recovery.


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