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Is it illegal for an employer to retroactively cancel an employee's health insurance?
Anonymous4 views4 answers
Terminated, while on vacation - i had to file a worker's compensation claim on an injury after the notice of firing. I injured myself while packing files and books for our location in which we lost our lease. The day I requested the WC claim my employer retroactively canceled my insurance back to the day before he fired me. I also believe his firing me was wrongful termination. For now, could you let me know about the legalities regarding retroactively canceling my insurance? Thank you in advance.
I do not believe he can retroactively cancel your coverage, unless you committed fraud. The new law (Patient Protection and Affordable Care Act) prohibits such cancellation unless the employee committed fraud in applying or providing information on his/her forms. Request the policy and the summary plan description from your employer to see the terms of cancellation on your plan. But I also agree with the other answer above that you should be allowed to continue coverage under COBRA rules.
Huh? I believe that Employer has to offer you COBRA health coverage continuation (at your cost) after termination. Why would HE continue to pay YOUR Insurance after you were fired? Employee Benefits are usually covered under Federal interpretation of ERISA.
1. YOU are the insured, NOT the employer.
2. Your employer can stop PAYING your insurance at any time, absent a contract which dictates otherwise.
3. The insurance company owes YOU a COBRA letter which would permit you to assume payment of the premium for at least 18 months under ERISA.
All of this is to say that you are mistaken. Your employer did not cancel your insurance, they stopped paying the premium. All you have to do is call your HR department or the insurance entity directly and demand to assume payment of the premium under COBRA which is your right.
Whether you have an action for retaliatory discharge is a question that you may wish to explore with a local employment attorney. In the meantime, remember that you MUST mitigate your losses by conducting an aggressive job search.
