-I work in Florida, and I found out yesterday that there was some "mishap" and "misunderstanding" that led to our health insurance being cancelled. I have since found out that this is due to non-payment to the insurance company. The employer has continued to deduct the premiums from all of our checks though all along. They say that they are working on resolving it. Is there any recourse that we may have, especially if this isn't taken care of promptly?Yes, there are laws in place. No, the employer has not followed them.
1. All money withheld from an employers pay must go to taxes, health insurance, child support garnishments, etc. An employer is not allowed to keep any of it.
2. You should immediately report any misappropriation of money withheld for insurance or retirement to the federal Department of Labor and a possible ERISA violation.
3. It is probably not possible for the employer to resolve it now. Buy your own health insurance, not through your employer. Assume that your employer does not have the money to pay the insurance, and will soon not have the money to pay you either. Start looking for another job.Yes. They don't have to give you advanced notice, or any notice at all. They DO have to refund your portion of the insurance premium that didn't actually get turned over to the insurance company. There are no laws that require them to give you any kind of timely or advanced notice. They aren't even required to provide you with health insurance.
They have no liability towards you, except for the amount the insurance company WOULD have paid, on claims, from the time the policy cancelled, until the time that you found out it was cancelled.
Your only recourse, if you can't get those premiums back, is to file a complaint with your state labor board.
and you should start looking for a new job. Once the health insurance gets cancelled for nonpayment of premium, it's not long before they have a hard time making payroll.
They certainly owe you the deducted money back, there is no question about that.
Recourse, hire a lawyer. If anyone needed treatment in the meantime and had to pay out of pocket, the employer is probably liable.
You need to discuss this matter directly with the decision-maker regarding the health insurance, it sounds like they failed to make the payment; whoever dropped that ball, take it up with their supervisor.
Your recourse is quitting. But, they do owe you the premium back if they don't get the policy reinstated. It's never a good sign when a company can't pay its bills.
Your recourse depends on your actual damages as a result of their action.
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