Employee/Insurance/Termination Rights - anyone got a clue?

[fieryjen]

As I mentioned before my husband was fired from his job. Hew received a termination letter dated January 5, stating that his last paid day of work was December 16.

His ex-boss has now written him an email saying that he's going to deduct 20% from my husband's last paycheck for the health insurance he's getting for all of the employees starting January 1. Obviously we're ticked about that, we could have used that insurance if my husband had continued to work there, but he doesn't and we have other insurance now.

So the question is - how shaky is that legally? Is his ex-boss in the wrong since he got the damn insurance effective after my husband's last day? Is there any other way we can fight this? Could we just decline the health insurance and get that money back?

 

[glynndah]

His last paid day of work was December 16 and the health insurance didn't start until January 1? It seems to me your husband wasn't even working there then.

 

[fieryjen]

It's a new company (the US branch at least) and they didn't have health insurance set up for their employees right from the start. They kept telling us "soon" They eventually agreed to pay a percentage of the health insurance we did get because we felt we needed it (for December only though... he's been working there since September).

They're pretty much screwing us over five ways from Sunday I think, and I'm really sick of it.

 

[fieryjen]

His last paid day of work was December 16 and the health insurance didn't start until January 1? It seems to me your husband wasn't even working there then.

Boss said that since the termination letter is dated Jan 5 and says "effective immediately", he's within his rights to demand that money. Husband left work on the 17 when his vacation time started, we went to Germany and came back in January just to have him get the termination letter saying his last paid day was on the 16.

 

[midwestyankee]

Boss said that since the termination letter is dated Jan 5 and says "effective immediately", he's within his rights to demand that money. Husband left work on the 17 when his vacation time started, we went to Germany and came back in January just to have him get the termination letter saying his last paid day was on the 16.

Seems to me that employment begins and ends with paid time. Was the vacation time paid up to January 5? If not, you might have a case but would probably need to have a lawyer help you irritate and/or frighten the company into dropping the deduction from his last check.

 

[glynndah]

This might be worth exploring.

http://www.freeadvice.com/

 

[bsergi1]

Consult a Lawyer

I'm pretty sure a lawyer will give you one consult for free. Just pick up the phone. Every state and country have different laws. You might be able to sue for unfair termination. You should be able to purchase COBRA insurance for 39 months (or so). Don't just let the situation drop. Stand up for your rights.

 

[fieryjen]

I'm pretty sure a lawyer will give you one consult for free. Just pick up the phone. Every state and country have different laws. You might be able to sue for unfair termination. You should be able to purchase COBRA insurance for 39 months (or so). Don't just let the situation drop. Stand up for your rights.

The termination isn't the issue though - pretty sure we can't fight that. We just don't want to pay for an insurance we aren't benefiting from that was purchased without my husband's consent after his last paid day of work, when his boss already knew he was going to be terminated.

(reason why the boss put us on the insurance, we're pretty sure, is because he gets a better rate for a certain higher number of employees (he's mentioned that), and my husband would just put him into that better rate.

 

[fieryjen]

This might be worth exploring.

http://www.freeadvice.com/

Thanks, I'll be sure to check it out.

 

[fieryjen]

Seems to me that employment begins and ends with paid time. Was the vacation time paid up to January 5? If not, you might have a case but would probably need to have a lawyer help you irritate and/or frighten the company into dropping the deduction from his last check.

Thanks. I'm not actually sure about the paid vacation part... it didn't specify in the letter and we didn't ask.

*sigh* My dad's really good at this stuff and knows a lot of people - if this was German law, I would have a lot of resources at my disposal to fight this, but I don't know very many people who deal with the US law. I might be able to find somebody though.

 

[DesertPirate]

If there was no notice of the insurance before you left the country, I suspect the boss is on shakey ground.
Good Luck

 

[bsergi1]

I still say consult a lawyer. Sometimes, one simple letter from them to the employer is all that is needed to straighten it out. The lawyer may just tell you what to say to the Company and you can handle it yourself. Dates are very important. Last Day Worked is your key date. Your vacation time is something you earn. If you are not working, you shouldn't have insurance, unless its a COBRA policy.

 

[jeninflorida]

The best advice that anyone can give you would be to seek a good local attorney. Each state has different laws and you need to protect your family

As I mentioned before my husband was fired from his job. Hew received a termination letter dated January 5, stating that his last paid day of work was December 16.

His ex-boss has now written him an email saying that he's going to deduct 20% from my husband's last paycheck for the health insurance he's getting for all of the employees starting January 1. Obviously we're ticked about that, we could have used that insurance if my husband had continued to work there, but he doesn't and we have other insurance now.

So the question is - how shaky is that legally? Is his ex-boss in the wrong since he got the damn insurance effective after my husband's last day? Is there any other way we can fight this? Could we just decline the health insurance and get that money back?

 

[Guest]

You should always be given the opportunity to decline health insurance. I'm with those who say consult a lawyer, if that won't cost too much, too!

 

[DeeZire]

The state attorney general, or the state insurance commission would also be an option. I think the insurance commission would be very interested in the fact that the business needed the fired worker on the insured list to get the multiple-employee discount.

 

[Zeb_Carter]

If all else fails, demand an insurance card for the months he's paying for and go use it. Don't forget to get that pet-scan you've always wanted. If he doesn't provide you with and insurance card or the insurance company denies your claims then file a complaint with your state insurance office and / or state employment regulation office.

Charging you for something you don't receive is fraud. File a criminal complaint with the states attorney's office. Or just mention that to his ex-employer.

 

[Selena_Kitt]

No further suggestions... just my that this is happening to you! Infuriating!