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Joseph, Lawyer
Category: California Employment Law
Satisfied Customers: 5299
Experience:  Extensive experience representing employees and management
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My company has been taking health care premiums from by pay

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My company has been taking health care premiums from by pay check, but my insurance has been terminated due to lack of payment from the company, almost a 3 weeks now. I have a long distance commute and at first they were letting me work from home. Now they want me to make the long commute with not insurance. Can they do that? If I don't, do they have grounds for dismissal?
Hello and welcome to JustAnswer.

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

First, I would highly suggest that you contact the insurance company and your employer immediately to discuss the situation and get your insurance reinstated.

Unfortunately, your employer does not have an obligation to maintain your health care insurance, but if it is taking premiums from your paycheck, it is obligated to pay for your insurance or reimburse you for that money. If your employer has neglected to pay your health insurance from the deuctions made, it is obligated to repair that error and insurance that you are covered.

That said, your employer can require that you commute to work even without insurnace.

If you refuse to do so you could be terminated, since as an at-will employee, you can be termianted at any time for any reason (including refuse to drive to work without insurance) with or without any prior notice.

Thankfully, this will chane when Obamacare becomes law in 2014, but, unfortunately, that is the current status of the law.

I sincerely XXXXX XXXXX had better news to give you, but I hope you appreciate a direct and honest answer to your question.
Joseph and other California Employment Law Specialists are ready to help you

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