Can anyone help me with a problem with a former employer...

[zahncrelnik]

I will try to outline the problem clearly:
1) I was fired from my job in June.
2) My former employer told me he would continue my
health insurance, if I paid the premiums.
3) My former employer lied and has not paid health
insurance premiums since before I was fired.
4) He was also withholding from the paychecks for
health insurance premiums.

Do any of you know what action I can take? I live in Illinois, USA.
The Department of Labor has me call the Department of Insurance.
The Department of Insurance has me call the State Attorney General's
office and they tell me to call the Department of Labor.
I am going to call my lawyer, but she will probably tell me to call the
Department of Labor.
I have given the former boss close to $700 and he hasn't done what he
promised and he doesn't answer the phone or return messages.
Any ideas?

[Lord Loser]

If the company is still in business you might consider litigation. Unfortunately, attorneys charge $150 an hour plus. That means your recovery of your $700 "investment" can only take an attorney 4 hours max in order for you to come out ahead. That's not likely. You can expect the attorney's fees from womb to tomb to set you back $15000 if it goes all the way through trial. If you can get him to settle, the price will be lower, but still over your $700.

Sorry to give you no help like this. I know you don't have a job thanks to this... fellow, and $700 and insurance are big things right now. But to be honest, things aren't looking to rosy right now. Try calling Labor again and explain that you've gone up the channels like they suggested and they sent you back to them. Then ask for a supervisor that can handle your claim. Don't take no for an answer. Make them generate a piece of paper, because it can't die unless acted upon. Then hope for the best.

I hope you succeed with it.

[Clarsax]

That sounds pretty rotten. I don't have much advice either except to keep calling and explain to the Department of Labor what you've done and who you've already contacted. There should be a way for you to get your money back without needing to contact a lawyer. I'd save that for the last resort, since you might end up paying more than what you're trying to get from your boss.

Good luck to you! I lost my job in July and I've been without health insurance since May, so I know how you feel. It gets expensive fast. :hug: :hug:

[cybergal]

Call, but most importantly, write. Documentation is the best thing that you can have on your side. By law, you have the right to everything that is in your personnel file. I would suggest that you get a copy of it and a complet copy of your payroll record if you havent kept all of the pay stubs.

Ask for it in writing and follow up with phone calls. Keep a list of call times, who you spoke with and what you spoke about. The better that you can track things, the better chance you have getting your money, or at the minimum insurance reinstated. Not sure, but wouldn't this be classified as fraud and theft?

Also, if you can't do anything else, you might want to stir the pot because if he's doing this to you, he's more than likely doing it to the other employees. I'd let my predicament spread to them so that they could check out their insurance...

One other altrernative is to gather the information and go to a local TV staion's investigative reporter. They love stuff like this, but like I said, get your documentation together. Judges of any kind hate it when you show up empty handed and try to justify your case sarting with the words, "He said...". They much prefer for you to hand them a detailed list of events and the documentation to back it up. They don't like whiners, excuses or vocal explanations (unless they ask for it), they just want cold hard facts. The better prepared you are, the higher the odds that things will sway your way.

[arthurfrdent]

This should be covered under COBRA, and you former boss will get his lunch handed to him for frelling with that. Cyber says is true, documentation is your friend, you have to show good faith in paying your part. I believe the Illinois Department of Insurance would be the start point, but it is a federal law being violated IMHO... I think even a fired for cause person is entitled to COBRA, but I could be wrong about that. In any case if he agreed to do it, it's on him. If these people will get involved, then they will fight the battle for you...

best of luck, kid... I know it's a pain...

AFD

[Emeraldcity]

I will try to outline the problem clearly:
1) I was fired from my job in June.
2) My former employer told me he would continue my
health insurance, if I paid the premiums.
3) My former employer lied and has not paid health
insurance premiums since before I was fired.
4) He was also withholding from the paychecks for
health insurance premiums.



You are saying that he has not paid health insurance premiums since BEFORE you were fired. That means then that he has been withholding and not paying ANYONE'S premium?? If that is the case, then you weren't even covered before you left, meaning he most likely let the health insurance lapse for everyone (is the company in financial trouble?) Asided from being FRAUD, you are entitled to get all monies back from the time he stopped paying since before you were fired.

Start with Employment Security, if they can't help you, go straight to your attorney. The big issue here is not the money you paid after leaving, but the money paid BEFORE leaving from your paycheck (and after). BUT if you were not actually covered before leaving work, and they had you fill out all COBRA forms to continue your insurance and you have been paying the premiums, they knew you were not covered and they took your money anyway.......that employer can be sued for fraud. Flat out, done deal, you win........ But it will take the attorney to sort it all out. And if the company is in any kind of financial trouble, you will have to move quickly.

Put together pay stubs showing the medical deduction, find out from the medical provider when the coverage actually stopped. If the coverage stopped BEFORE you left, that employer is so screwed you have no idea.

[zahncrelnik]

not covered by COBRA --company was too small, only 5 employees...

This should be covered under COBRA, and you former boss will get his lunch handed to him for frelling with that. Cyber says is true, documentation is your friend, you have to show good faith in paying your part. I believe the Illinois Department of Insurance would be the start point, but it is a federal law being violated IMHO... I think even a fired for cause person is entitled to COBRA, but I could be wrong about that. In any case if he agreed to do it, it's on him. If these people will get involved, then they will fight the battle for you...

best of luck, kid... I know it's a pain...

AFD

[zahncrelnik]

I hope you are right. My health insurance was 'cancelled' as of June 1.
I was fired on June 15 and he was withholding for medical all along.
I called my lawyers office today and she will call me back on Tuesday.


You are saying that he has not paid health insurance premiums since BEFORE you were fired. That means then that he has been withholding and not paying ANYONE'S premium?? If that is the case, then you weren't even covered before you left, meaning he most likely let the health insurance lapse for everyone (is the company in financial trouble?) Asided from being FRAUD, you are entitled to get all monies back from the time he stopped paying since before you were fired.

Start with Employment Security, if they can't help you, go straight to your attorney. The big issue here is not the money you paid after leaving, but the money paid BEFORE leaving from your paycheck (and after). BUT if you were not actually covered before leaving work, and they had you fill out all COBRA forms to continue your insurance and you have been paying the premiums, they knew you were not covered and they took your money anyway.......that employer can be sued for fraud. Flat out, done deal, you win........ But it will take the attorney to sort it all out. And if the company is in any kind of financial trouble, you will have to move quickly.

Put together pay stubs showing the medical deduction, find out from the medical provider when the coverage actually stopped. If the coverage stopped BEFORE you left, that employer is so screwed you have no idea.

[Boron]

The lawyer's advice will be invaluable. It won't cost that much to talk to one and get some kind of answer. Explain your financial situation.

[Emeraldcity]

OK, technically how health insurance works is that they generally take out example, the June premium in May. If you were fired June 15th, you should have been covered until June 30th providing you pay the June premium in May. Did you receive a paycheck dated in June that covered a May pay period? (ex. June 5th check date covered pay period ending May 31st)

IF your company followed the policy of having you pre-pay your health insurance,(deducting in May for June) then they should reinstate you through June 30th. But if your company deducts in the current month for the current month insurance, if you were let go on the 15th, your insurance would have been finished. HOWEVER, if your company was too small to be covered under COBRA, but they agreed to keep you on the policy for 90 days (as is your right if the company is too small for COBRA) so to speak and you paid the premiums, you should get them to reinstate you or reimburse you............. NOW, in recent years, some health insurance companies require that the company submit on a quarterly basis their Employment Security reports (Blue Cross for example) to verify that the people that are covered on the insurance plan actually still work for the company. If they don't work for the company any longer, even if you paid the premium, they couldn't put you on the insurance..........either way........you are owed ANY monies back that you paid into the insurance!!!!

[zahncrelnik]

No, its get worse for me, they were not withholding for health insurance.
I have the paystubs and there is no withholding for health only dental.

[Boron]

Then if you paid $700 to this guy for insurance, that is fraud and theft.

Did you pay by check or cash??

[zahncrelnik]

Check, I know enough to have some kind of receipt or evidence.

I will be talking to my lawyer on Tuesday.

[Emeraldcity]

If he had not been withholding for health before you left, they never should have told you that you could have continued the insurance because they could not have added you to do the continuation.

That employer has flat out lied and stole from you. As long as you have those check copies, a very strictly worded letter from your attorney should get your money back in a very big hurry!!!

[waltersgirl]

I will try to outline the problem clearly:
1) I was fired from my job in June.
2) My former employer told me he would continue my
health insurance, if I paid the premiums.
3) My former employer lied and has not paid health
insurance premiums since before I was fired.
4) He was also withholding from the paychecks for
health insurance premiums.

Do any of you know what action I can take? I live in Illinois, USA.
The Department of Labor has me call the Department of Insurance.
The Department of Insurance has me call the State Attorney General's
office and they tell me to call the Department of Labor.
I am going to call my lawyer, but she will probably tell me to call the
Department of Labor.
I have given the former boss close to $700 and he hasn't done what he
promised and he doesn't answer the phone or return messages.
Any ideas?

did you have a Memorandum of Understanding, listing all benefits to employees?