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Joseph
Joseph, Lawyer
Category: California Employment Law
Satisfied Customers: 5043
Experience:  Extensive experience representing employees and management
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I was terminated from my employment on March 16. 2013, my health

Customer Question

I was terminated from my employment on March 16. 2013, my health and dental benefits were denied because my insurances had beeing cancelled by my employer and the end of February 2013,however my monthly coverage was deducted from my payroll check for the month of march, i contacted the employer and asked them to extend my benefits until April,since i had already paid for march . they gave me the round around and told me that i could apply for cobra, which would cost me the same.
Submitted: 1 year ago.
Category: California Employment Law
Expert:  Joseph replied 1 year ago.
Hello and welcome to JustAnswer.

I'm sorry to hear about your situation and hope I can help.

What question do you have regarding your situation?
Customer: replied 1 year ago.

I would like to know what can i do to resolved this issue?


do i have grounds to fie a claim against my employer for their actions?

Expert:  Joseph replied 1 year ago.
Hello Joe,

Thank you for the additional information.

You can sue your employer for making the unauthorized deductions from your paycheck for insurance that you have not received if they fail to return the amount that was deducted and wasn't applied toward your insurance.

You could sue in small claims court since the amount would be less than $10,000.

In order to sign up for continued health care benefits under your employer's plan, you will have to sign up for COBRA continued insurance, in which case you will be responsible to pay the premiums on the insurance.

As long as you sign up within 60 days of getting your information from COBRA, your coverage can be made retroactive to the time of termination, so there will not be any coverage gaps and you can recoup any out-of-pocket- healthcare costs that will be covered by insurnace.

Please let me know if you have any follow up questions.

If you don't, please remember to rate my answer positively so I get credit for my work.

Also, please make sure to give me a (very) high rating when you receive your customers satisifaction score, as I need high ratings to ensure I can continue to provide help and assistance to JustAnswer customers!

Thanks and best of luck!
Customer: replied 1 year ago.


Thank you for the reply, however i wanted to make sure you understood exactly what took place.


They terminated my employment on March 15, both my daugther and i had appointments scheduled for that month, her was for an specialist, and mine for an anual physicical, those appointments take some time to schedule due to the demand and type of precedure.


i was notified by the doctors office that her appointment was cancelled due to a lack of insurance this was on march, next i got a call from my doctor's office stating that my insurance was no longer valid and if i wanted to keep it , i needed to bring a new insurance card with a new policy, meanwhile my employer had already deducted my premium before i was terminated so i should had been covered for the month of march, however after calling my insurance they told me that the employer had terminated my benefits at the end of february. so while i was still employed by them, i was no longer cover, even after the deduction and the fact that i was still employed at that time.

Expert:  Joseph replied 1 year ago.
Hello Joe,

That definitely strengthens your cause of action for breach of contract, since they look money from your check to pay for March insurance and then failed to provide you with it.

You could also sue for collateral damages, including your daughter having her appointment canceled and you not being able to keep yours since your insurance was wrongfully canceled.

If you do not want to proceed with a suit immediately, you should send a demand letter to your ex-employer regarding their failure to apply your money deducted from your check for your health insurance benefits while you were still employed with the company.
Expert:  Joseph replied 1 year ago.
Hello Joe,

Please remember to rate my answer positvely so I get paid for my work!

Thanks and best of luck!

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