Legal Question in Employment Law in California

In CA, an employer offers life insurance to all employees and includes a buy up option. if they collect premiums from the employee for the buy up and fail to enroll the employee in the extra insurance, does the employee have nay recourse?

In this case, the employee was diagnosed with breast cancer before finding out the insurance was not enrolled. Now the insurance will not enroll and the employer says there is nothing they can do, and gave her back the collected premiums.

This seems wrong.


Asked on 2/25/10, 1:53 pm

1 Answer from Attorneys
Terry A. Nelson Nelson & Lawless

If you can prove you timely signed up and paid, then the employer has the problem that they either have to get the insurance company to retroactively enroll and cover you, or the employer becomes liable to pay your medical bills to the same extent the insurance would have. You could sue if they don't do one or the other. Get local counsel experienced in this if you have to sue.

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Answered on 3/02/10, 5:00 pm


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