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Ask Law Educator, Esq. Your Own Question
Law Educator, Esq.
Law Educator, Esq., Attorney
Category: California Employment Law
Satisfied Customers: 114099
Experience:  JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
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I FORGOT TO SUBMIT MY OPEN ENROLLMENT INSURANCE FORM BECAUSE

Customer Question

I FORGOT TO SUBMIT MY OPEN ENROLLMENT INSURANCE FORM BECAUSE I DID NOT MAKE ANY CHANGES TO THE PLAN AND MY HR DEPARTMENT SAYS MY INSURANCE WAS CANCELLED.
JA: Have you documented this or discussed it with HR?
Customer: YES THEY SAID IT IS TOO LATE!
JA: Is the employment agreement "at will," union, full time or part time?
Customer: FULL TIME
JA: Anything else you want the lawyer to know before I connect you?
Customer: YES I WANT THEM TO KNOW I NEVER INTENDED TO OPT OUT OF THIS PLAN I AM MARRIED WITH CHILDREN AND AM REQUIRED BY LAW TO HAVE THIS INSURANCE WHICH IS EMPLOYER PROVIDED UNDER A CAFETERIA PLAN.
Submitted: 2 months ago.
Category: California Employment Law
Expert:  Law Educator, Esq. replied 2 months ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
Unfortunately, if there was an open period for you to submit your choice and you failed to do so, it can indeed be too late. If this was not an error on the part of your employer and your employer is not willing to make exception for you failing to submit, then legally they can force you to go to the insurance marketplace and obtain private insurance as a penalty for you failing to submit your documents in time as required.
I am sorry, but it is a harsh penalty and one that is solely up to the employer if they want to allow you to enroll as an exception.
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