Legal Question in Employment Law in California

My moms company was deducting over $400 from her paycheck for health insurance. She gets paid a little over minimum wage. They never gave her the option to opt out of their ins coverage so she could find something more affordable and better coverage. to top it off it was a ppo. Today she noticed a difference in a paystub, she called the office they told her she can now find her own health ins. But that her prior ins was cancelled over a month ago. She never received notification of this cancellation. Is this illegal, given that she is undergoing current studies for throat cancer at this very moment?


Asked on 4/18/14, 11:09 am

1 Answer from Attorneys
Terry A. Nelson Nelson & Lawless

Her insurance is not supposed to be cancelled without notice and opportunity to replace it so there is no 'gap' in coverage. The company may be responsible for any medical charges not covered by insurance. She should find out what the true status and effect of this is, and then consult with an attorney if she has a problem with having her medical bills paid so far. If she needs to, feel free to have her contact me for that. She should discuss this first with her employer HR dept to see if they can be compelled to provide her retroactive coverage and replacement coverage of a new policy.

Read more
Answered on 4/18/14, 1:33 pm


Related Questions & Answers

More Labor and Employment Law questions and answers in California