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My employer deducted medical premiums from my last paycheck…

Customer Question
My employer deducted medical...

My employer deducted medical premiums from my last paycheck however they have notified insurance that my coverage ended the day they terminated me. I'd that lawful

Lawyer's Assistant: Because employment law varies from place to place, can you tell me what state this is in?

North Carolina

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 wasn't terminated for misconduct I was told they thought I wouldn't improve which was a false statement for time wasn't given or established to measure ask improvement

Submitted: 6 months ago.Category: Employment Law
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Answered in 8 minutes by:
12/21/2017
Employment Lawyer: Marsha411JD, Lawyer replied 6 months ago
Marsha411JD
Marsha411JD, Lawyer
Category: Employment Law
Satisfied Customers: 20,921
Experience: Licensed Attorney with 29 yrs. exp in Employment Law
Verified

Hello,

Thank you for the information and your question. I am not exactly sure which act you are asking if it was lawful, but I will assume that you mean that your insurance was cancelled effective the day of your termination. In that case, yes, under Federal law COBRA, the end of an employment arrangement is considered a "qualifying event" for immediate cancellation of the employer's health care coverage. However, the story doesn't end there.

The employer then has the duty to notify the Care Plan Administrator of the employee's termination/resignation and then the HCPA must notify the employee of their rights under COBRA to purchase their own insurance coverage under the Plan. That process though can take up to 44 days under the law.

If the employee elects COBRA coverage, then that coverage is backdated to the date that the employer cancelled the employee's coverage. Also, if the employee instead chooses to go with a different health insurance or a new employer's plan, it is backdated to that date if done within the period of time necessary under the portability act.

As for the premium payment, any unearned insurance premium that you paid, must be reimbursed to you.

Please feel free to ask for clarification if needed. If none is needed, then if you could reply to this answer and let me know that I covered your question, then the Site will give me credit for assisting you today. Thank you

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Employment Lawyer: Marsha411JD, Lawyer replied 6 months ago

Hello again,

I wanted to touch base with you and make sure that you did not have any follow up questions for me from the answer I provided to you on the 21st. For some reason, the Experts are not always getting replies, or ratings (at the top of the question/answer page you are viewing or in the pop up box for this question), which is how we get credit (paid by the Site) for our work, that the customer thinks have gone through. In your case I received neither.

Please keep in mind that I cannot control the law or your circumstances, and am ethically bound to provide you with accurate information based on the facts you give me, even if the news is not good. If you are having technical difficulties with reading, replying or rating, please let me know so that I can inform the Site administrator. Please note that Site use works best while using a computer and using either Google Chrome or Firefox.

In any event, it was a pleasure assisting you and I would be glad to attempt to assist you further on this issue, or a new legal issue, if needed. You can bookmark my page at:http://www.justanswer.com/law/expert-marsha411jd/

Thank you.

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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.

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