I offer you the following in response to your question:
First, please note that as a legal secretary/paralegal, I am not a lawyer, I do not claim to be. Of my knowledge and experience of more than 30 years, I offer to help.
Response: The answer is "Yes" with respect to not giving proper notification - but only should it depend on certain circumstances....such as perhaps your employer erred in not conveying this to you properly....he/she got busy and failed to mention it to you....Certainly, many employers have a staff that handle such matters....therefore, perhaps personnel did not bring this to your attention. If so, you must consult with your employer and ask your employer if he/she will compensate you in order to remedy the situation. If he/she does not do so, you can consult with your local labor board, as well as being sure to contact the insurance company to find out what you can do, if anything, to reinstate your policy, or if you run up against problems, you need to consult with an attorney.
Also, with regards XXXXX XXXXX please know that LEGALLY employers can be selective in cancelling health insurance. While one employee, perhaps two or more can have it, another employee can be without. It depends on the employer's position.
Please know, however, that many employers do cancel once an employee is on sick live, or as soon as one is no longer employed - yet notification can fail. Many employers do send letters to their ex-employees to advise them of same, and these letters can get lost in the mail.
Law allows employers to reduce or cancel health insurance and other benefits at any time (this would certainly apply to one who is an "at-will" employee), but an employer must follow proper procedures ...thus, ample notice should be given -- in the amount of time to allow one to make the necessary arrangements in order to pick up on the policy, should one so choose.
Concerning any potential lawsuit: I have found that in matters such as yours, one may not have a valid claim for a lawsuit should an employer fail to give proper notice....as my response so states above....many employers can simply say that it was an oversight, therefore, it was not intentional/wilful.
I do suggest that in order to protect your rights that you contact an attorney, as your situation may be more involved.....you may have a case.
It's always wonderful to have an attorney represent you in any legal matter, however, far too many people are not able to AFFORD an attorney. Thus, alternatives would be Legal Aid (attorneys who will represent one providing one can prove they are suffering financial hardship), or one may contact their local State Bar requesting referrals of attorneys who work pro bono cases (services free of charge - for the good of the public).
Research: See links below:
Again, this information is based upon my own legal experience - and not intended to be deceptive should this prove inaccurate, as laws vary from state to state.
Please click "Accept" if this response was helpful and answered your question.
If you wish for further information, or, IF YOU FEEL I DID NOT ANSWER YOUR QUESTION, please let me know, so that I can assist you further.
Thank you kindly for posting your question at Just Answer.
Wishing you and yours the very best.
Peace, Love & Happiness,
The Mystic Wave
Information provided herein is based on my 30 years experience as a legal secretary/paralegal in the State of California, with experience and knowledge in the State of Nevada. This information is not intended to substitute for informed professional legal advice from a practicing, licensed attorney.