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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Employment Law
Satisfied Customers: 117439
Experience:  20+ Years of Employment Law Experience
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I was hired by new employer on June 15, 2015. I was still

Customer Question

I was hired by new employer on June 15, 2015. I was still employed through my previous employer and had insurance benefits through that employer. I was told in orientation at my new employer and by an HR representative that if I register for benefits (insurance) during the month on July, then my benefits would start August 1st. I registered for insurance in July and when I received my insurance cards in the mail they had an effective date of July 1st. This is going to cost me about $900 for the month of July (to pay for these benefits). My new employer is telling me now that insurance starts on the first of the month after your hire date if you apply within the first 30 days. In addition, my status changed from part-time to full time on July 26th. I keep asking them why they cannot start my benefits from that point? I have been told by HR they are "working on it" with corporate because corporate makes these decisions. But HR keeps insinuating that nothing is going to be changed for me. What recourse do I have if they insist on forcing me to pay for these benefits for the month of July?
Submitted: 2 years ago.
Category: Employment Law
Expert:  Law Educator, Esq. replied 2 years 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.
I am sorry to say that if their plan required coverage payment from the beginning of the month of hire, there is legally nothing you can do with the employer. These benefits and how they are offered by the employer are not covered in the laws, they are governed by the employer's terms and their insurance plan. Thus, it is solely in the hands of the employer and if they provided actual coverage from July 1, then even if you did not use it, the fact you were covered at all would mean you have to pay. If you did have any claims during July, then since you paid for benefits you would be able to file a claim with BOTH insurance companies to get payments though and they would have to pay the claims.
I am sorry to say, but legally it is up to the employer and their contract with the insurance provider they have.