Is it legal for my employer to terminate health insurance 10 months into the year?

Get Legal Help Today

 Secured with SHA-256 Encryption

Is it legal for my employer to terminate health insurance 10 months into the year?

My employer asked company wide for all to show proof of dependents by the end of September 2019. Which I faxed. I later got mail saying that my husband’s insurance was terminated effective November 1, 2019.

Asked on November 2, 2019 under Employment Labor Law, California

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 1 year ago | Contributor

If you failed to comply with the requirement to show proof of dependents (including not sending in the right proof; or not sending it on time; or not sending it in the correct way, such as if it had to be by certified mail or include original, not faxed documents), they could terminate the coverage for that reason: they don't have to provide it if the employee fails to comply with documentation, etc. requirements.
Or if your husband doesn't fall under the parameters of coverage--for example, many employers will only cover family members if those family members do not have the option of getting insurance from their own employer, so if your husband is employed and could get insurance from his company, they could drop him.
Or if they discover that you misrepresented something earlier, such as by initially claiming your husband was unemployed but then they discovered that he worked at the time you claimed he was unemployed--they could drop him for that reason: for the fraud or misrepresentation.
Otherwise, however, it would seem that they would have to still cover him. 
The first thing you should do is to find out why he was dropped; then you can determine if it was legitimate.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption