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  • Being Sued

    I am being sued after being terminated. I was terminated on 1/23/05, 3 weeks after giving birth. I filed unemployment and the employer approved it as permament lay off. I collected unemployment for 3 months until I found another position. The prev. employer paid insurance premiums for me on 2/1/05 after I was terminated and is suing me for that amount. I already had the baby on medicaid and did not need or use the insurance. In the lawsuit, they are saying they did not terminate me that I just never came back to work. Should I contact the unemployment commission about this? They are lying to try and justify why they paid insurance premiums that they shouldn't have. Also, on the insurance status change, they put that I was no longer an employee as of 3/1/05, but they approved my unemployment on 1/31/05! Any advice would be greatly appreciated.

  • #2
    I'd contact a lawyer if you have an actual pending legal action against you. You are going to want someone to represent you anyway for the case and that person would be better equipped to advise you once they have all the information.

    The UC folks have nothing to do with insurance premiums that may have been paid and will not be able to help you.
    I post with the full knowledge and support of my employer, though the opinions rendered are my own and not necessarily representative of their position. In other words, I'm a free agent.

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    • #3
      I knew the UC could not help with the insurance issue...I just was curious about the company stating I quit when they told the UC I was laid off and what the UC would say about that.

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      • #4
        In some states like California the DOL regulates insurance issues. You may be able to go to them with this and they may be able to intervene. If your dates, and the paper trail is as clear as you say it is possible they would contact the employer and be able to get it resolved.

        Note I say *may* be able to help you. If this is too far along you should consult an attorney.

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        • #5
          The above poster doesn't state she is from CA. Most insurance issues are regulated by federal laws such as COBRA and ERISA. States may have similar legislation, but they wouldn't regulate something like whether a former employee owed premiums.

          If you were laid off but technically still an employee, and did not return after having taken FMLA, you could owe for the premiums your employer paid on your behalf while you were out. Why were you terminated? Were you required or requested to check in at some point to see if there was work available? Some companies also charge employees for their portion of the premiums for the month before the premium is due. So the money collected in January, pays for February's premium. This is particularly true if premiums are due the first of the month. If you were off most of January before this term/layoff, did you pay your portion of the premiums you normally would have in January? If you were still an employee then and still on the insurance, you probably owe at least your portion. It isn't relevant that you didn't use the insurance that month.
          I post with the full knowledge and support of my employer, though the opinions rendered are my own and not necessarily representative of their position. In other words, I'm a free agent.

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          • #6
            Agreed with what you say but....

            Poster says they were terminated on X date. If they were not terminated I would be more inclined to expect repayment.

            I think this sounds more like someone in acctg or HR screwed up and paid a premium and is now trying to recoup it. I have had that happen. And by putting the rule via the DOL in front of this person who screwed up it might just save a lawyer fee for this poster is all. I have seen this approach work in insurance situations -- one health and one disability -- in NJ and California.

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            • #7
              I checked in with them several times in January. Even had a discussion in person with my supervisor and decided on a return date of 2/7/05. Then was told on 1/23/05 that they did not want me to return. I then filed for unemployment. I was not out on FMLA; The company said they had less than 50 employees. The DOL is now checking on that because it has since come out that they have 23 businesses in this area.

              I did pay my portion for January. They made a payment on 1/31/05 that was for Feb premiums...after I was terminated. I believe it was paid by mistake. They are saying they paid it "out of kindness" so that I would have insurance coverage for the baby, but I already had the baby on medicaid.

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              • #8
                by the way...I am in Texas

                Comment

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