Employment Law

Employment Law Questions? Ask an Employment Lawyer.

Ask a Lawyer,
Get an Answer ASAP!

Employment Law

Employer provides HMO coverage. I went out of work with a back

Customer Question
problem 6 days before my...
Employer provides HMO coverage. I went out of work with a back problem 6 days before my insurance became effective on June 1. Saw the dr on June 4. Have been under the dr's care since the, but cannot get a PLAN surgeon to do the operation before mid to late July. Need surgery and will be out for over a month. I may lose my job. Whether I lose the job or not, can the insurance company drop me if the doctor schedules the surgery that far after I went out?
Submitted: 2 years ago.Category: Employment Law
Show More
Show Less
Ask Your Own Employment Law Question
Answered in 12 minutes by:
6/9/2015
Employment Lawyer: Law Educator, Esq., Attorney replied 2 years ago
Law Educator, Esq.
Category: Employment Law
Satisfied Customers: 120,979
Experience: 20+ Years of Employment Law Experience
Verified
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.

I am sorry to say that if the employer terminates you because you cannot return to work, you could be made to pay for your insurance benefits pursuant to COBRA (if your employer has 20+ employees) to continue your insurance coverage, but your insurance would still continue as long as you pay for the benefits. Even if the doctor schedules your surgery that far out, if your coverage is cancelled and you do not continue it under COBRA, then you would not have coverage.
Ask Your Own Employment Law Question
Customer reply replied 2 years ago

what if there are under 20 employees?

Employment Lawyer: Law Educator, Esq., Attorney replied 2 years ago
Thank you for your reply.

If there are less than 20 employees, COBRA does not apply and I am afraid the employer can cancel your insurance and you would have to then apply through the healthcare marketplace to get new coverage, so that could mean (unless your new policy covers existing conditions immediately) you could have to wait up to a year before the new plan will cover your medical condition.
Ask Your Own Employment Law Question
Customer reply replied 2 years ago

Is there any law saying how much notice an insured must have under the worst case scenario above? This is not for me, but for a friend without resources.

Employment Lawyer: Law Educator, Esq., Attorney replied 2 years ago
Thank you for your reply.

There is no notice required. Upon termination benefits cease. He could potentially qualify for medicaid benefits as well if he is terminated and they would cover existing conditions.
Ask Your Own Employment Law Question
Customer reply replied 2 years ago

Without COBRA how would that be. Under 20 employees. Also, she is a server in a restaurant. Her base pay is $4 per hour. If she is out and not being paid for let's say a month or two months or whatever, but the employer has not formally terminated her, and her record when she was working was more than 20 hours, would she still be considered employed without the formal notification? At present she has texts from the manager saying her job will be waiting for her when she's ready. l I'm going over there now to get the policy. Thanks very much for our effort.

Employment Lawyer: Law Educator, Esq., Attorney replied 2 years ago
Thank you for your reply.

Without COBRA, medicaid can still provide coverage for her if she qualifies. She would likely still qualify for medicaid based on what you say she makes.

The employer can notify an employee of termination the day of termination, there is no advance notice required. Benefits cease at termination unless the employer agrees to continue them for some period of time.
Ask Your Own Employment Law Question
Ask Law Educator, Esq. Your Own Question
Law Educator, Esq.
Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Employment Law
Satisfied Customers: 120,979
120,979 Satisfied Customers
Experience: 20+ Years of Employment Law Experience

Law Educator, Esq. is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

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:

Tina

Tina

Lawyer

8,184 satisfied customers

JD, BBA, recognized by ABA for excellence.

Allen M., Esq.

Allen M., Esq.

Employment Lawyer

12,549 satisfied customers

Employment/Labor Law Litigation

Marsha411JD

Marsha411JD

Lawyer

12,316 satisfied customers

Licensed Attorney with 29 yrs. exp in Employment Law

Infolawyer

Infolawyer

Lawyer

12,054 satisfied customers

Licensed attorney helping employers and employees.

JB Umphrey

JB Umphrey

Lawyer

6,273 satisfied customers

Assisting employees and employers for over 14 years.

John

John

Employment Lawyer

3,912 satisfied customers

Exclusively practice labor and employment law.

Dimitry K., Esq.

Dimitry K., Esq.

Attorney

3,007 satisfied customers

I provide employment and discrimination law advice in my own practice.

< Previous | Next >

Related Employment Law Questions
My employment was terminated on January 4th 2018. In my
my employment was terminated on January 4th 2018. In my severance agreement my employer states that my health insurance coverage ended at midnight that day and that I would be eligible for COBRA cover… read more
Infolawyer
Infolawyer
Lawyer
Doctoral Degree
12,054 satisfied customers
I was unexpectedly terminated (not for misconduct, but
I was unexpectedly terminated (not for misconduct, but performance) from my job last week, and I plan to apply for unemployment benefits (UI) in Washington state soon. Ironically, a couple of weeks pr… read more
Thelawman2
Thelawman2
Doctoral Degree
1,287 satisfied customers
It is about wrongful termination. Georgia. There is much to
There is much to this. Yes, I signed a termination paper but was so mad at the time I did not read or get a copy. … read more
LegalPro54
LegalPro54
Doctoral Degree
1,258 satisfied customers
I terminated my employment with Randolph Hospital on Dec.
I terminated my employment with Randolph Hospital on Dec. 4th, and as of today, have not received any information on electing CO sorry … read more
LegalPro54
LegalPro54
Doctoral Degree
1,258 satisfied customers
Can I get cobra insurance from my former employer if rather
can I get cobra insurance from my former employer if rather than being laid off I quit on good terms or retire… read more
Gerald, Esq
Gerald, Esq
Juris Doctor
3,182 satisfied customers
Is it legal in Nebraska to terminate the manager of a
Is it legal in Nebraska to terminate the manager of a busuness without a hearing? … read more
Legal Eagle
Legal Eagle
Attorney
Doctoral Degree
7,307 satisfied customers
I presently have COBRA benefits through my former employer.
I presently have COBRA benefits through my former employer. The company is now in the process of changing plan administrators. I was told my coverage could end, that I would have to re-apply, and that… read more
Attyadvisor
Attyadvisor
Doctoral Degree
7,121 satisfied customers
My husband had Tri-Ad/Cobra. He was approved for spinal
My husband had Tri-Ad/Cobra. He was approved for spinal surgery thru Anthem Blue Cross of FL. Apparently Tri-Ad made a mistake with our last payment. My husband paid online on the 30th of October, his… read more
Infolawyer
Infolawyer
Lawyer
Doctoral Degree
12,054 satisfied customers
I need to find a lawyer to help me get my COBRA benefits
I need to find a lawyer to help me get my COBRA benefits reinstated after our appeal has been denied. … read more
Law Educator, Esq.
Law Educator, Esq.
Attorney
120,979 satisfied customers
Question about health insurance. I was terminated by by
Second opinion] Question about health insurance. I was terminated by by medical insurance for non payment. I wrote an appeal letter which the company received ( I have confirmed that) but have heard n… read more
Law Educator, Esq.
Law Educator, Esq.
Attorney
120,979 satisfied customers
I'm trying to figure out how HRAs work under COBRA. My
Hi. I'm trying to figure out how HRAs work under COBRA. My former employer recently changed health plans and under the new plan, the HRA is bundled with the medical benefit. For their COBRA participan… read more
Marsha411JD
Marsha411JD
Lawyer
Doctoral Degree
12,316 satisfied customers
We are terminating an employee (involuntarily) on Wednesday
We are terminating an employee (involuntarily) on Wednesday and providing a 6 month severance package. According to Federal law (ee is 48 years old), she has 21 days to sign the agreement. In our orga… read more
Legal Eagle
Legal Eagle
Attorney
Doctoral Degree
7,307 satisfied customers
My COBRA was cancelled after my checking account was closed
My COBRA was cancelled after my checking account was closed due to fraud and the payment was denied. I thought I had already given them the new account number … read more
Infolawyer
Infolawyer
Lawyer
Doctoral Degree
12,054 satisfied customers
Can an employer terminate a 10-year employee without
Can an employer terminate a 10-year employee without offering that employee Cobra insurance? … read more
Infolawyer
Infolawyer
Lawyer
Doctoral Degree
12,054 satisfied customers
My my employer still has not given me my cobra info. I
My my employer still has not given me my cobra info. I parted from company 9-5. And they still owe me my PTO of over 120 hrs. They are claiming they have to have a finance meeting and approve it. I wa… read more
Allen M., Esq.
Allen M., Esq.
Employment Lawyer
Juris Doctor, Cum Laude
12,549 satisfied customers
Can a employer cancel Cobra before the election date due to
Can a employer cancel Cobra before the election date due to non payment when the employee has informed them the incorrect coverage election is noted?… read more
Phillips Esq.
Phillips Esq.
Attorney
Juris Doctor
18,316 satisfied customers
In SC can I still get Cobra coverage if employer was paying
in SC can I still get Cobra coverage if employer was paying health insurance if I was fired … read more
Legal Eagle
Legal Eagle
Attorney
Doctoral Degree
7,307 satisfied customers
I just had a question on COBRA insurance. I recently changed
Hi,I just had a question on COBRA insurance. I recently changed jobs and foolishly forgot to enroll myself quickly in insurance. Therefore, I have to wait till July 1st to enroll. How,However, my prev… read more
Phillips Esq.
Phillips Esq.
Attorney
Juris Doctor
18,316 satisfied customers

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).

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

Ask Your Question

x