Legal Question in Employment Law in California

Employer failed to make health coverage available

I was employed for the same company for 4 years and was on the company health plan. I resigned but was asked to return to the company the next day. When I returned my employer asked me to return as an ''independent contractor'' but I later learned that I was legally still an employee. After I returned the company never allowed me to go back on the health plan. I have over $12,000.00 in medical costs that otherwise would have been covered. What are my options? Is this a state matter or an ERISA matter?


Asked on 12/17/02, 1:59 am

1 Answer from Attorneys
Terry A. Nelson Nelson & Lawless

Re: Employer failed to make health coverage available

Upon resigning, you should have automatically been covered for up to another 30 days. I will assume you came back as an employee, because the law makes it difficult to be an independent contractor. As a new or rehired employee, it probably depends upon the health plan when you became covered. Check your benefits book. If you believe you should have been covered, and if you are interested in have an attorney assist you in recovering the bills, contact me to discuss.

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Answered on 12/17/02, 2:49 pm


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