What options do I have because I was denied health insurance for the first month of my new job?

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What options do I have because I was denied health insurance for the first month of my new job?

I just found out that I should have been allowed health insurance in my first month of work at my new job. I learned this during our company’s open enrollment meeting. I needed to go to the doctor but didn’t(at first) because I couldn’t afford it. I was in a lot of pain for a week. Because of the pain I was in, I broke down to tears twice during that week. I ended up going to the ER in the middle of the night. What are my options?

Asked on December 5, 2011 under Insurance Law, Texas

Answers:

MD, Member, California Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

In most workplace situations, you do not get health insurance as a kick in until the 1st day of the month following the first month of your employment. If you were denied health insurance and you suffered actual costs in addition to medical expenses, you need to decide if you want your job. Unless you have a contract with your employer guaranteeing employment and only being fired for cause, your employer can fire you with or without cause but cannot discriminate or act in retaliation. This is going to be a sensitive topic for you so you need to figure out if you have monetary expenses and then decide if you can talk to your employer's HR about reimbursing you since it was that division's responsibilty to ensure you were given the proper information. If you applied and were denied by your employer, your employer needs to revise its policies and reimburse you for your out of pocket expenses.


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