Is it legal if my boss quit paying my health insurance and didn’t tell me until 4 months later?

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Is it legal if my boss quit paying my health insurance and didn’t tell me until 4 months later?

Stopped paying 3/31/31 but did not tell me until 7/22/10. Does he owe me the difference? Should I file a claim with the Dept. of Law or a Small Claims Court against him?

Asked on August 22, 2010 under Employment Labor Law, North Carolina

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

You boss:

1) Owes you for any deductions taken out of your paycheck to pay for the health insurance.

2) If you suffered any loss as a result of his failure to pay--e.g. you are liable for any medical bills, or suffered any injury due to a denial of treatment because of a denial of coverage--he would be liable for that, too.

When I say "your boss," I also mean "the business or company" as well, since they are liable for his actions.

You should consult with an attorney immediately--you probably want to sue him, if this is not remedied, and you may wish to also report this to the police (e.g. if he's taking the money himself). Generally speaking, if there is either financial distress (the company is using the money to keep itself afloat) or criminality, the longer you wait, the less likely you are to recover anything: act as soon as you can. You also want to ask the attorney about your rights to reinstate coverage, since you do not want to remain uncovered. Good luck.


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