Legal Question in Employment Law in California

Can My Spouse Sue for Wrongful Loss of Health Insurance?
I was employed with the same company for 5 years. In the first 4 years I was considered an employee and I had complete medical insurance including coverage for my spouse. In the last year my employee wrongfully treated me as an ''independent contractor'' and all of my benefits (including medical) were taken away. The State of California has already ruled (by the EDD) that I was actually an employee during the last year instead of an independent contractor. My employer terminated me when I brought it to their atttention that I was an employee and not an IC.

My wife has serious health problems that have existed for many years. We relied heavily on my health insurance, and my employer knew of my wife's health problems. In the 5 months since my employer terminated me, I have been unable to find another job, or to provide properly for my wife's health needs. She has signed up for Medi-Cal, but the process takes 6-9 months to approve. Can my wife sue the employer for her lost medical coverage since she was formerly on the health plan?

Asked on 4/14/03, 12:38 pm

2 Answers from Attorneys

H.M. Torrey The Law Offices of H.M. Torrey

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Re: Can My Spouse Sue for Wrongful Loss of Health Insurance?

if your work status has been deemed that of an employee rather than independent contractor, you definitely have medical benefits entitled to you and your wife, whether it be thru your former company directly or thru c.o.b.r.a. please email my office directly with more detailed facts pertaining to your case and we would be more than happy to provide you further legal assistance and/or representation.

Answered on 4/14/03, 6:30 pm

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