Legal

Ask a lawyer and get answers to your legal questions

Ask a Lawyer,
Get an Answer ASAP!

I am an employer. I am planning on cancelling my employees…

Customer Question
I am an employer...

I am an employer. I am planning on cancelling my employees health insurance tomorrow, 1/10 and having the cancellation effective back to 1/1. We have had one payroll since 1/1 and there were deductions for health and dental insurance taken from the employees. If I refund the employee contributions for that first pay period and offer them COBRA effective 1/1 am I liable for any claims incurred during that first week

Lawyer's Assistant: What state is this in? And just to clarify, when was the purchase made?

Company is located in MA. Coverage was renewed effective 1/1/18 for an existing health and dental insurance policies.

Lawyer's Assistant: Has anything been filed or reported?

I do not know.

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

Some of the other employees are out of state.

Submitted: 6 months ago.Category: Legal
Show More
Show Less
Ask Your Own Legal Question
Answered in 13 minutes by:
1/9/2018
Lawyer: Law Educator, Esq., Attorney replied 6 months ago
Law Educator, Esq.
Category: Legal
Satisfied Customers: 125,785
Experience: JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
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. Please feel free to ignore any phone service request, the expert does not send those unless asked by customer and they are sent by the site automatically.

If you did not give the employees 30 day notice of cancellation and they had health insurance, you cannot make the cancellation retroactive even if you refund their money and offer COBRA. Any claims incurred during the time when they believed to have insurance and did not get a notice of cancellation would be your liability.

Please do not forget to leave positive feedback by clicking on the 5 stars at the top of your page, as the experts are not employees of the site and get no credit for spending time with customers unless they leave positive feedback. Thank you.

Ask Your Own Legal Question
Was this answer helpful?

How JustAnswer works

step-image
Describe your issueThe assistant will guide you
step-image
Chat 1:1 with a lawyerLicensed Experts are available 24/7
step-image
100% satisfaction guaranteeGet all the answers you need
Ask Law Educator, Esq. Your Own Question
Law Educator, Esq.
Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Legal
Satisfied Customers: 125,785
125,785 Satisfied Customers
Experience: JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law

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:

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

It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem.

TonyApopka, FL

Not only did he answer my Michigan divorce question but was also able to help me out with it, too. I have since won my legal case on this matter and thank you so much for it.

LeeMichigan

< Previous | Next >

Meet the Experts:

Ely

Ely

Counselor at Law

24,657 satisfied customers

Private practice with focus on family, criminal, PI, consumer protection, and business consultation.

INFOLAWYER

INFOLAWYER

Attorney

22,408 satisfied customers

Licensed attorney helping individuals and businesses

JPEsq

JPEsq

Attorney

2,132 satisfied customers

Experience as general attorney, in house counsel, SSDI, Family Law attorney, and law professor

Law Educator, Esq.

Law Educator, Esq.

Attorney

125,785 satisfied customers

JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law

Ellen

Ellen

Lawyer, Consultant

8,238 satisfied customers

25 years of experience helping people like you.

Guillermo Senmartin

Guillermo Senmartin

Lawyer

300 satisfied customers

Principal Attorney at Guillermo J. Senmartin, P.A.

Dimitry K., Esq.

Dimitry K., Esq.

Attorney

17,183 satisfied customers

Multiple jurisdictions, specialize in business/contract disputes, estate creation and administration.

< Previous | Next >

Related Legal Questions
I heard New York State is imposing as of 01/01/2018, a new
i heard New York State is imposing as of 01/01/2018, a new deduction for private employers in payroll called "Paid Family Leave Coverage" who carry disability policy. what is it ? is it mandatory? how… read more
KLAW
KLAW
Juris Doctorate
2,253 satisfied customers
I was off on 12/11/14, but my health insurance was cancelled
I was laid off on 12/11/14, but my health insurance was cancelled on 12/1/14. I did not know I didn't have coverage for December and purchased a health policy for January. I'm getting billed thousands… read more
Law Educator, Esq.
Law Educator, Esq.
Attorney
125,785 satisfied customers
Hello - With a group medical insurance plan, if the group
Hello - With a group medical insurance plan, if the group plan was cancelled by the insurance carrier for non-payment on Dec. 7, 2012, retroactive to Nov. 1 for non-payment of November also, and, an e… read more
John
John
Attorney
Doctoral Degree
5,985 satisfied customers
I turned 65 on 5/23/13. I retired from my job on 6/3/13. I
I turned 65 on 5/23/13. I retired from my job on 6/3/13. I signed up for and enrolled in Medicare A&B. My company also was nice enough to enroll me in our Cobra Plan which provides for excellent healt… read more
Law Educator, Esq.
Law Educator, Esq.
Attorney
125,785 satisfied customers
my ex wife has a employer funded health savings account. I
my ex wife has a employer funded health savings account. I have two kids and they are on her insurance. I pay for half of the insurance premium for my 2 kids and we split the medical and dental bills.… read more
Roger
Roger
Litigation Attorney
Doctoral Degree
26,935 satisfied customers
HEALTH INSURANCE I live in New York State. My Federal Cobra
HEALTH INSURANCE I live in New York State. My Federal Cobra ran out on Dec 31. On Dec 26 2012 (approx) My ex_employer Matrix told me I was extended via NY State MINI Cobra for another 18 months -- Jan… read more
socrateaser
socrateaser
1,031 satisfied customers
My 18 months of COBRA coverage expires October 2011. I just
My 18 months of COBRA coverage expires October 2011. I just called my former employer's health insurance company to inquire about obtaining an individual insurance plan once COBRA expires, but was tol… read more
Marsha411JD
Marsha411JD
Doctoral Degree
20,586 satisfied customers
I AM NO LONGER WORKING BUT I AM COVERED UNDER GROUP HEALTH
I AM NO LONGER WORKING BUT I AM COVERED UNDER GROUP HEALTH INSURANCE OF MY PREVIOUS EMPLOYER. I APPLIED FOR MEDICARE. MY MEDICARE COVERAGE WILL BE EFFECTIVE SEPTEMBER 1, 2011. HERE IS A TRANSCRIPT OF … read more
JB-Umphrey
JB-Umphrey
Attorney & Counselor
Juris Doctor
606 satisfied customers
i am one of fourty three former employees at a Maryland company
i am one of fourty three former employees at a Maryland company that has filed chapter 7. The president of the company with held insurance monies from everyones paycheck for health, disability,dental … read more
INFOLAWYER
INFOLAWYER
Attorney
Doctoral Degree
22,408 satisfied customers
We are currently under a PEO for our health benefits. Our company
We are currently under a PEO for our health benefits. Our company does not have the health insurance group policy, they do. We are terminating our agreement with them early due to the sale of the busi… read more
Phillips Esq.
Phillips Esq.
Attorney
JD
20,116 satisfied customers
The Company Ive worked for the past 6+ years gave me the notification
The Company I've worked for the past 6+ years gave me the notification of Mass Layoff under WARN Acts on May 11, 2010. Due to this, my job position is eliminated, and my employment will be terminated … read more
Ray
Ray
Lawyer
Doctoral Degree
33,288 satisfied customers
Who is liable for COBRA when a companys assets are sold
Who is liable for COBRA when a company's assets are sold? Specifically, who is responsible for the premium payment? I believe the company who bought the assets?… read more
Ray
Ray
Lawyer
Doctoral Degree
33,288 satisfied customers
What are the legal requirements and deadlines for renewal of
What are the legal requirements and deadlines for renewal of health insurance policy - deceased spouse was insured on group plan and surviving spouse (dependent) with pre-existing conditions was also … read more
Daniel Solutions
Daniel Solutions
Doctoral Degree
5,212 satisfied customers
I have received a quote for group health insurance for my small
I have received a quote for group health insurance for my small business from a major insurance company. We have seven employees. Rather than a group rate. They quoted a different rate for each indivi… read more
Ray
Ray
Lawyer
Doctoral Degree
33,288 satisfied customers
My 36 month term with COBRA ends this year. I will need coverage
My 36 month term with COBRA ends this year. I will need coverage after that and I don't have coverage with my employer. What is the law that can help me convert my current COBRA policy to an individua… read more
John Legal
John Legal
Doctoral Degree
3,418 satisfied customers
I live in Massachusetts. I resigned from my job on Jul 25.
I live in Massachusetts. I resigned from my job on Jul 25. My health insurance was cancelled. Can a company cancel my insurance this soon? Shouldn't I be offered Cobra benefits?… read more
Roger
Roger
Litigation Attorney
Doctoral Degree
26,935 satisfied customers
My husband was fired from his job on 2/8/08. He ...
My husband was fired from his job on 2/8/08. He carried the health ins. benefits for our family. My son had to have surgery which had been scheduled since 10/07. We received a pre-authorization letter… read more
Anne_C
Anne_C
Attorney
Doctoral Degree
13 satisfied customers
MY COMPANY WAS SOLD NEW OWNER PAID MY HEALTH INS. IN ...
MY COMPANY WAS SOLD NEW OWNER PAID MY HEALTH INS. IN FULLINSTEAD OFHALF AND SIGNED27 CHECKS SHOWING SUCH AMT. NOW THEY WANT REFUND IN FULL. AM I LIABLE ?… read more
Ed Johnson
Ed Johnson
Senior HR Consultant and Business Devlpm
Bachelor's Degree
6,994 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