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Q: Employer didn't pay health insurance, were laws broken? ( No Answer,   1 Comment )
Question  
Subject: Employer didn't pay health insurance, were laws broken?
Category: Business and Money > Employment
Asked by: crm114-ga
List Price: $15.00
Posted: 08 May 2005 17:44 PDT
Expires: 07 Jun 2005 17:44 PDT
Question ID: 519319
My california employer withhelds money from my paycheck each week, but
neglected to pay my insurance provider for more than 2 months, having
my insurance canceled. Were any laws broken, and if so, where would I
look to find more information?
Answer  
There is no answer at this time.

Comments  
Subject: Re: Employer didn't pay health insurance, were laws broken?
From: tekiegreg-ga on 09 May 2005 17:18 PDT
 
My opinion, not a law per se (though there might be one), but a Breach
of employer contract.

The employer offered Health Insurance as part of your employment
contract.  He also(possibly) witheld money from your paycheck as a
result of this benefit.

The employer failed to uphold his part of the bargain in the contract.

As a result you suffered damages both in loss of needed benefit.  Such
damages would include:

1) Any premiums you were paying for a not offered benefit
2) Any medical expenses occurred during the time that you were not
insured (at least the difference between the un-insured vs. insured
difference)
3) There might even be a remote possibility of punitive damages if
there was a tort involved, consult your attorney


If you believe this fits your picture, CONSULT AN ATTORNEY and prepare
to go to court for your damages. The attorney could also tell you if
there was an actual law being broken and charges could be pressed
appropriately.  However if you didn't pay any or negligible health
care expenses during the time you were un-insured, I probably wouldn't
even bother with the suit. Granted your employer would be found
liable, there are no compensatory damages to award (and it is highly
unlikely you'd see a punitive damage award).

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