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Paying for employers mistake!

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  • Paying for employers mistake!

    My situation is a little tricky, because I had one of those bosses who will kick you while you are down.

    My beautiful baby girl was born on May 11 of this year. She was born 4 & 1/2 weeks early. I was intending to work all the way through until June 2, which would have been the day before my c-section was scheduled. Needless to say I didn't make it. My boss stayed on me about only takeing 6 weeks off. She said that if I wasn't going to come back at the end of 6 weeks that she would have to find someone else. I really wanted to take the full 12 weeks and stay home with my daughter. I was using my built up sick and vacation time for my portion of insurance due. Which is due the 1st of each month. When July's insurance was due I did not have enough time left to make my portion of the insurance, (I pay 50 % & the employer pays 50%) so on July 1st I went to my place of work and payed the remaining balance. That was the day my boss told me I needed to be back by the end of the 6 weeks or else. I told her that my husband and I would discuss it and I would get back with her on the following Monday, which was the 7th. After disscussing it my husband and I decided that I would not be returning back to work because we knew my boss was going to give me a hard time no matter what I did, she actually wrote me up in the end of my pregnacy for haveing too many OBGYN appointments, I was going twice a month. Anyways, I told my work on Monday July 7th that I would not be returning back to work, please consider that my 2 week notice, beacause in two weeks would have been the end of the 6 week period. At the end of July I received a bill from my work for thier portion of the insurance foy JULY!! I could not believe it. Then I started getting in my statements for BCBS and my daughter had never been added to my insurance!! I had specifically told my boss to add her, because of it being a group policy I could not add the baby myself. Therefore, after all is said and done I now owe the hospital and pediatrian about $3000.00, and my old boss says I owe her about $350.00. Not good. I know there is nothing I can do about her not adding my daughter to the insurance, but I refuse to give her a dime. By law does she have a right to bill me, even if I didn't quit my job until after the insurance was paid?

  • #2
    Maternity

    How many employees are employed by the company? The reason I ask is that if they employ 15 or more employees, they are required to comply with federal laws prohibiting discrimination on the basis of pregnancy. If they are smaller than 15 employees, you may be covered by a state law. (Some states bring the threshhold of employees down.)

    Also, with whom are you insured? Most insurance plans will provide coverage through the end of the month. If your termination date was in July, theoretically, you should be covered through the end of the month, assuming that your premiums are paid.

    I look forward to hearing from you.
    Lillian Connell

    Forum Moderator
    www.laborlawtalk.com

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    • #3
      The company has close to 70 employees. The insurance was Blue Cross Blue Shield of Florida and after I made the last payment I was going to make in July I was covered through the end of the month. My boss was trying to act like I was doing Cobra but without me signing up for it, which I would not have aggreed to. When I decided to put my notice in I decided not to do Cobra if it was offered because we were to be added to my husbands insurance. I just don't see how it would be legal for her to charge me for her portion of the insurance due, when at the time the insurance was due I was still an employee covered under FMLA.

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      • #4
        Maternity

        She can't if she wants to not break any laws. (This is assuming that they don't do this practice with others who are going on out leave who are not pregnant.)

        This employer is in clear violation of discrimination on the basis of your pregnancy, if they let others go out on leave for as long as the doctor dictates.

        Also, were you covered by FMLA when you went out on leave? If you were, you are entitled to up to 12 weeks of leave, with a return to your job.

        My suggestion is that you talk to your HR Department (if you have one) or go up the chain of command within the company (your boss's boss, etc.). If that doesn't work OR if you want to just bypass that process, you can file a claim with the US EEOC.

        Congrats on your baby and good luck on this matter. Please keep in touch. I'm anxious to learn how it turns out.
        Lillian Connell

        Forum Moderator
        www.laborlawtalk.com

        Comment


        • #5
          Actually, she is the owner of the company, so thank you verymuch for your advice, I am going to file a formal complaint with EEOC and I let you know how it turns out. I am so excited!! I would not wish this situation on anybody and I am truly grateful for your help.

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