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I was wondering about health insurance coverage. I ended my…

Customer Question
Hello, I was wondering...

Hello, I was wondering about health insurance coverage. I ended my employment with a company with a 2 week resignation for October 6, 2017. My wife had an ectopic pregnancy during this process and we were under the assumption that our insurance would be covered at least until the end of my employment or through the entire month of October. I just got all of our recent medical bills for my wifes doctor visits and hospital visits and after speaking with an insurance agent she stated that our insurance coverage ended as of September 30th which makes me think that they were avoiding paying for another full month of insurance with us. My question for you is, do we have a case for this? We never got notification of cancelation of our insurance and now we are drowning in medical bills and cant get retroactive COBRA because we assumed we had until December 30th to apply based on the last month being what we assumed was covered.

Lawyer's Assistant: Since laws vary from place to place, what state is this in?

Wisconsin

Lawyer's Assistant: Is the employment agreement "at will," union, full time or part time?

Full Time

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

I think that about covers it. Thank you

Submitted: 8 months ago.Category: Employment Law
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Answered in 2 minutes by:
12/6/2017
Employment Lawyer: Legal Eagle, Lawyer replied 8 months ago
Legal Eagle
Legal Eagle, Lawyer
Category: Employment Law
Satisfied Customers: 14,105
Experience: Licensed to practice before state and federal court
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Hello! I am a licensed attorney, admitted to practice in state and federal court. I have a nearly 100% satisfaction rating (click here for more info) so all that means is that you can count on me to help today. Because I want to provide you with the most accurate answer possible, do you mind if I take a moment to review your question?

Please keep in mind that our conversation does not include an attorney-client relationship and this is for general information purposes only.

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Customer reply replied 8 months ago
Okay.
Employment Lawyer: Legal Eagle, Lawyer replied 8 months ago

Great, thank you! Bear with me a moment while I review…

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Employment Lawyer: Legal Eagle, Lawyer replied 8 months ago

Did they provide you anything that said that your insurance would end on the last day of September? Or were you provided anything that said you would be offered insurance through your last date of employment?

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Customer reply replied 8 months ago
No. The only way we found out is because I called the insurance company to find out why we were having to pay for so much of our medical bills.
Employment Lawyer: Legal Eagle, Lawyer replied 8 months ago

This appears to be a violation of the implied covenant (promise) of good faith and fair dealing if they did not advise you that your benefits would end on the last day of the month instead of at termination. Under the Uniform Commercial Code Section 1-304, every contract comes with implied promises from both parties that they are going to be acting fairly toward one another. The failure of one party to act fairly toward other can result in a breach of contract. There’s a site that I’ve used in the past where you can find a good template for advising of a breach of contract. It's a bit easier (and cheaper) than going through litigation and I have seen it be effective in the past. If this doesn’t work, sadly, the only other option is to either go through an informal mediation or file a lawsuit in your local court. This website is also pretty cool because they have some state-specific breach of contract forms that you can use as well. Click here to choose your state started.

Keep in mind that it may be difficult to make that argument, but bring up that you weren't notified. Check your original employment agreement if you have it. Your employer may be able to settle with you. I'm very sorry to hear about your situation.

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