What are my options in the following case?

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What are my options in the following case?

My employer has failed to pay the premium for an employer sponsored group health plan, despite the fact that the part of the premium we are required to pay, continues to be deducted from our paychecks. The policy was canceled by the provider (Blue Shield of California) on May 1st, 2009. He, the employer continues to evade us and will not provide us with any further details. He did not warn us this action was going to take place. There are five or six employee’s in the plan.

Asked on May 8, 2009 under Insurance Law, California

Answers:

B. B., Member, New Jersey Bar / FreeAdvice Contributing Attorney

Answered 12 years ago | Contributor

You, and the other employees of the company, should contact the California Division of Labor Standards Enforcement as soon as possible. Your employer is cheating you, and he is breaking the law, at the very least as far as deducting health insurance premiums from your paycheck when he is not paying them.  You should provide the Division with copies of your pay stubs, showing the deductions -- and if you are not getting paystubs with the deductions listed, that is a violation of the law as well -- and any written proof you have, that the health insurance policy has been cancelled. If you haven't gotten anything directly, get a letter from any doctor or pharmacy that told you that your insurance isn't there any more.

The law is very much on your side in this, and the State should be able to help you quickly.  You also have the choice to have your own attorney, and the law allows him to get his reasonable fee paid by your employer if you win.  To find a good labor lawyer, you can go to our website, http://attorneypages.com


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