Legal Question in Employment Law in California

Benefits Mistake

I am on severence from my employer of 13 yrs. I found out recently that my employer neglected to remove my ex-husband from my medical insurance plan over 11 yrs ago! This has resulted in an overpayment on my part of $10-20k during that time. They show that I am designated as ''single'' on every other piece of work related documentation. I am based out of my home office with corp hqt's in NY. When I notified NY HR 11 yrs ago of my divorce, they were supposed to send me paperwork to remove my ex from the health plan, according to my current HR rep. I do not remember if they told me this, or if I completed the paperwork. I keep copies of everything and don't have a form on file. My ex's name is also listed on the policy with my last name instead of his own, which seems odd. I have never received an insurance card or any other piece of documentation that would have showed me that he was still on the policy. They are not researching the situation, are no longer returning my calls, and claim I can't get him off my policy until Nov. Do I have a legal leg to stand on here to recoup my losses?

Thanks!


Asked on 9/08/03, 6:14 pm

1 Answer from Attorneys
Terry A. Nelson Nelson & Lawless

Re: Benefits Mistake

You have nothing to lose by trying, demanding the employer repay the improper deductions. What are they going to do, fire you? You could bring a small claims action for up to $5000 of the amount, or have an attorney file suit for the full amount, subject to possible statute of limitations issues as to how far back you get to 'look', versus the 'newly discovered' facts.

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Answered on 9/10/03, 6:39 pm


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