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employer cancelled insurance and still deducts!

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  • employer cancelled insurance and still deducts!

    maybe this belongs in the fraud area, but here it goes:
    my employer in nyc has cancelled our health insurance without informing anyone, we only found out after someone was injured.
    according to the insurance company our coverage was cancelled about 2 months ago, however they have continued to deduct for it from our pay.
    the cost is really high, i pay about 600.00 a month to cover my family.

    i called NYS labor and they were helpful, but i fear there will be consequences if i report this. I need the job but they have been stealing peoples money!

    what other options do i have? lawyers, lawsuit? go to the police and a fraud report?

    any help is welcome, thanks!

  • #2
    A question, and yes, it makes a difference:

    Did your employer send a letter to the insurance carrier saying, Please cancel the insurance, or did the insurance carrier cancel the insurance because the employer did not pay the premium?
    The above answer, whatever it is, assumes that no legally binding and enforceable contract or CBA says otherwise. If it does, then the terms of the contract or CBA apply.

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    • #3
      it appears the health insurance was cancelled due to non-payment, still trying to get a concrete answer from the ins company

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      • #4
        If it was cancelled for non-payment, it's almost a guarantee the cancellation didn't HAPPEN two months ago, but was more recent and made retroactive to the last date paid. I'd try to find out from the employer what their plans are to reinstate or replace coverage. As long as they do so, the deductions are appropriate. If they do not, then give the US DOL a call about a potential ERISA violation.
        The above answer, whatever it is, assumes that no legally binding and enforceable contract or CBA says otherwise. If it does, then the terms of the contract or CBA apply.

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