Employment Law

I was laid off at the end of August 2009. A few days before…

Customer Question
I was laid off at...
I was laid off at the end of August 2009. A few days before getting laid off (of course unbeknownst to me), I went for an MRI procedure. Mid-September, I received a letter from my prior carrier stating my insurance was terminated July 31, 2009. My previous employer did not notify me that I was not covered for August 2009. I am being held... Read full answer
I was laid off at the end of August 2009. A few days before getting laid off (of course unbeknownst to me), I went for an MRI procedure. Mid-September, I received a letter from my prior carrier stating my insurance was terminated July 31, 2009. My previous employer did not notify me that I was not covered for August 2009. I am being held responsible for this medical bill, but feel that I am not responsible for it because I was not notified of the insurance termination. I was also not able to join COBRA thereafter. I am from New York. What are my rights in this situation? Thank you.
Submitted: 9 years ago.Category: Employment Law
Show More
Show Less
Ask Your Own Employment Law Question
Answered in 5 minutes by:
3/25/2010
Employment Lawyer: MDLaw, Employment Lawyer replied 9 years ago
MDLaw
MDLaw, Employment Lawyer
Category: Employment Law
Satisfied Customers: 6,138
Experience: Experienced attorney representing companies and individuals in employment law matters and litigation
Verified
Were you not eligible for COBRA or did you simply choose not to elect COBRA?
Ask Your Own Employment Law Question
Customer reply replied 9 years ago
My previous employer stated I was not eligible for COBRA.
Employment Lawyer: MDLaw, Employment Lawyer replied 9 years ago
Unfortunately then, you are responsible for the medical bill. Had you been eligible for COBRA and elected it, the insurance would have been retroactive and covered the bill for that MRI. However, since you were not covered by insurance, you are responsible for the bill. Your best bet is to negotiate with the health provider to decrease the bill.

Please let me know if this answers your question. If it does not, feel free to ask me for clarification. If it does answer your question, please remember to hit the ACCEPT button as that is the only way that we experts get compensated for taking the time to research and respond to your questions.

Ask Your Own Employment Law Question
Customer reply replied 9 years ago
Although I wouldn't have gone for the procedure if I was properly notified by my previous employer, that in fact I was not covered for the month of August. My previous employer does not bare any responsibility at all?
Employment Lawyer: MDLaw, Employment Lawyer replied 9 years ago
Not if they were paying the premium for the insurance since I assume that you were not paying the premium (since if you had, you would have noticed that you had not paid for August's premium).
MDLaw
MDLaw, Employment Lawyer
Category: Employment Law
Satisfied Customers: 6,138
Experience: Experienced attorney representing companies and individuals in employment law matters and litigation
Verified
MDLaw and 87 other Employment Law Specialists are ready to help you
Ask your own question now
Customer reply replied 9 years ago
You are correct, the company paid for the entire premium. If they weren't legally wrong, they were absolutely morally wrong... which is not illegal. Thank you for your time and assistance. I've accepted your answer. Best wishes.
Still looking for an answer to your question? 
Similar Q&As
My husband is a teacher in NYS. In mid- July, my husband
My husband is a teacher in NYS. In mid- July, my husband emailed his supervisor that he had accepted a teaching position in another school district. He didn't formally resign his position, but wanted … read more
Law Educator, Esq.
Law Educator, Esq.
131,934 satisfied customers
I am currently on STD but have been notified that I will be
I am currently on STD but have been notified that I will be laid off at the end August 30th and all benefits will cease. I am not scheduled to return to work until September 30th. I was told by The Ha… read more
Allen M., Esq.
Allen M., Esq.
Employment Lawyer,
Juris Doctor, Cum Laude
13,841 satisfied customers
Insurance Law-COBRA My son was utilizing COBRA (never late
Insurance Law-COBRA My son was utilizing COBRA (never late with a payment) since June 2014. His previous company switched to a new insurance carrier June 2015. He had been on bank draft since June 201… read more
Isaac, Esq.
Isaac, Esq.
Attorney at Law,
Doctoral Degree
39,055 satisfied customers
Stop searching for answers—
HIPAA guaranteed-issue health insurance questions:Fact
HIPAA guaranteed-issue health insurance questions: Fact pattern (my insurance coverage): (2001) - August 12, 2009 -- Insurance through my employer August 13, 2009 - February 12, 2011 -- COBRA insuranc… read more
socrateaser
socrateaser
36,168 satisfied customers
My employer did not send me any information on COBRA after
My employer did not send me any information on COBRA after I was laid-off on September 9th, 2011 and did not notify the insurance company so they continued to pay all my claims up until November 23rd … read more
JB Umphrey
JB Umphrey
Lawyer,
Juris Doctor
6,273 satisfied customers
If an employee is on an undefined length of a leave of absence
If an employee is on an undefined length of a leave of absence and has stopped communicating with me, can I just declare the leave of absence is ending and terminate him? I did inform the employee by … read more
INFOLAWYER
INFOLAWYER
Partner,
Doctoral Degree
66,909 satisfied customers
Get a personalized answer to your question. 
I was a Department of Defense contractor working in South Korea,
I was a Department of Defense contractor working in South Korea, employed to a company based in Bohemia (Long Island), NY. I was hired by my company in South Korea shortly after separating from US Air… read more
JB Umphrey
JB Umphrey
Lawyer,
Juris Doctor
6,273 satisfied customers
My Cobra plan was terminated for a late payment past the 30
My Cobra plan was terminated for a late payment past the 30 day grace period. I reside in California. My payment was due by the 31st of July. I was traveling cross country during the time I usually ma… read more
Ray
Ray
Employment lawyer,
Doctoral Degree
2,938 satisfied customers
I have a question regarding the rules for notification of a
I have a question regarding the rules for notification of a disability occurrence to a COBRA health plan administrator. Specifically I am attempting to obtain a two-month extension of a COBRA plan whi… read more
Legal Eagle
Legal Eagle
Attorney at Law,
Doctoral Degree
381 satisfied customers
Still looking for an answer to your question? 
My son was working for my company and decided not to work for
My son was working for my company and decided not to work for me anymore he worked for me for 8 months at termination I agreed that I would pay for his insurance which included his wife and son. My bo… read more
MDLaw
MDLaw
Employment Lawyer,
Post-Doctoral Degree
6,138 satisfied customers
i quit my job at the end of the day april 1,2010. I got a
i quit my job at the end of the day april 1,2010. I got a letter yesterday 4-29-10 from medical mutual telling me my insurace ceased on 3-31-10. i was still employed with them. since then i have seen … read more
Marsha411JD
Marsha411JD
Lawyer,
Doctoral Degree
12,729 satisfied customers
I WAS TERMINATED FROM MY JOB ON 1/8/10 AND MY EMPLOYER CANCELLED
I WAS TERMINATED FROM MY JOB ON 1/8/10 AND MY EMPLOYER CANCELLED MY MEDICAL INSURANCE THAT DAY WITHOUT NOTIFYING ME OR OFFERING COBRA OPTIONS. SINCE THE MEDICAL WAS TAKEN OUT OF MY PAY IN ADVANCE, SHO… read more
Anne
Anne
Attorney,
Doctoral Degree
2,149 satisfied customers
Stop searching for answers—
Hi, I was told the end of August that my position was being
Hi, I was told the end of August that my position was being eliminated in the next years budget. They are allowing me to stay on till 12/31/09. I had a meeting last night with an HR representative and… read more
Ellen
Ellen
Attorney,
Doctoral Degree
21,740 satisfied customers
Dear Sir or Madam, In October of 2008 I was put on disability.
Dear Sir or Madam, In October of 2008 I was put on disability. On March 1, 2009, my company laid me off. I was taken off disability on September 31, 2009. While I was on disability I had 2 surgeries. … read more
JB Umphrey
JB Umphrey
Lawyer,
Juris Doctor
6,273 satisfied customers
I no longer can work do to a disability and will not be cover
I no longer can work do to a disability and will not be cover under Medicare part B till January, 2011. Do I qaulify for a reducsion in Cobra Premium as I just qaulify for Cobra today. I have not work… read more
legaleagle
legaleagle
Attorney,
Doctoral Degree
7,048 satisfied customers
Get a personalized answer to your question. 
After 4 years working in a doctors office, having progressed
After 4 years working in a doctors office, having progressed to a front desk position which I held for over a yearwith no weekends required, I was demoted to a filing position which required working e… read more
Sam
Sam
Attorney,
Doctoral Degree
10,701 satisfied customers
With all the confusion surrounding the COBRA Stimulus Package
With all the confusion surrounding the COBRA Stimulus Package (65% employer payment) it took until April until the 3rd Party Administrators figured out how to handle the billing for our Guardian Denta… read more
wallstreetfighter
wallstreetfighter
Attorney,
Doctoral Degree
11,809 satisfied customers
I was laid off from my job in 10-22-08. I have never been
I was laid off from my job in 10-22-08. I have never been offered the cobra ins. I did have ins thru my comany with Aetna. What is the law on this and what shoul I do. My insurance was cancelled by fo… read more
Expert
Expert

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

I must thank you all for such a positive and knowledgeable Expert in your Employment Law category. She has provided much relief and answers for me in the midst of dealing with a case. I am totally pleased with her customer service and care.

MildredWashington, DC

Excellent direction from Socrateaser to help me preserve and pursue my rights as a proud American who has become unemployed in this messed-up economic downfall. Thank you

Happy CustomerDenver, CO

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

< Previous | Next >

Meet the Experts:

Allen M., Esq.

Allen M., Esq.

Employment Lawyer

13,841 satisfied customers

Employment/Labor Law Litigation

Marsha411JD

Marsha411JD

Lawyer

12,729 satisfied customers

Licensed Attorney with 29 yrs. exp in Employment Law

JB Umphrey

JB Umphrey

Lawyer

6,273 satisfied customers

Assisting employees and employers for over 14 years.

John

John

Employment Lawyer

4,293 satisfied customers

Exclusively practice labor and employment law.

ScottyMacEsq

ScottyMacEsq

Lawyer

3,526 satisfied customers

Licensed Texas General Practice Attorney

Ray

Ray

Employment lawyer

2,938 satisfied customers

30 years in Employment law

AttorneyTom

AttorneyTom

Lawyer

2,469 satisfied customers

Attorney

< Previous | Next >

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less
Allen M, JD

Allen M, JD

Employment Lawyer

20 years of experience in Employment Law and Litigation

21,103 Satisfied Customers

Pearl avatarPearl, Assistant