Please help!

[Barbee83]

What is the name of your state (only U.S. law)? TX

TIA for your response!

My employer canceled my insurance coverage 1/1/09 because I did not go to open enrollment 10/08. I did not go because I thought that it was not necessary to attend if I didn't need to make any changes to my benefits. The sign-up sheet actually states "You must sign to decline", and since I didn't need to make any changes and I wasn't going to decline my coverage, I didn't go. My employer did not notify me that my insurance was being canceled.

I attempted to go to doctor in 9/09. When they called to verify my insurance I found out I had none. I then called my HR director. She told my my coverage had been cancelled and why. I told her that I'd had a baby 4/09, using my insurance. They had paid their portion and I paid mine, and it was never mentioned to me that there was a problem. She stated "Corporate probably didn't catch it." According to her, my coverage had been terminated in 1/09, then reinstated after that, then terminated again 8/09. She also said that the premium had not been coming out of my paycheck all year.

Yesterday, I received the letters in the mail form the insurance company. They are actually copies of the letters sent to the providers, requesting a refund of all benefits paid on my behalf. I know the providers will now come after me for repayment, and I'm considering hiring an attorney if I have a shot at winning. I know what they did is morally wrong. Is it also legally wrong to cancel an employee's coverage without notifying and/or offering COBRA?

[cbg]

At what time did you look at your paystubs and see that there were no deductions being made? And if not, why not?

Frankly, I don't see that there is even any moral wrong here, let alone a legal wrong. I am quite sure that there were multiple notifications made telling you the rules for open enrollment. There always are, and there always are people like you who do not read them and expect HR to take responsibility for taking you by the hand and leading you through the process. The reinstatement and retro deductions suggests that you were sent a notice of some sort, took no notice of it, and when they still didn't get an answer from you, finally gave up.

I have been on the HR side of the desk for this situation many times. We do everything but send up fireworks and hire dancing girls to get employees to read the requirements, and then we get blamed when they don't take any notice of us and their benefits are changed or canceled because THEY made assumptions.

[Barbee83]

Thank you for your response.

My company has gone "green"- no paper checks, paystubs, etc. There is a website one can go to to see paystubs, but I never did. Obviously, I should have, but I didn't. The premium is only $45 per paycheck, so that's how I didn't notice it wasn't coming out anymore. Also, there were no retro deductions. The premiums never came out of my check, even when the reinstated my coverage.

I appreciate your position, but your past experience is not the case here. There have been no communications between myself and HR. No letters, notifications, etc. The only thing-the posting by the timeclock-states that it is once again open enrollment, the benefits coordinator is here to discuss new benefits available, changes, etc., and you must "sign to decline". That is it. In my case, do you feel that the company could be held liable?

[cbg]

Frankly, no.

Your assumption that since you were not declining you need do nothing is not the company's fault. Nor is your failure to check your paystubs.

[Barbee83]

Thank you.

So, at what point would they need to offer COBRA?

[ecmst12]

You don't get Cobra when you fail to re-enroll for the next benefit year. This is 100% your fault for not reading your open enrollment paperwork carefully and making assumptions that you didn't HAVE to read it. You only get Cobra when your benefits are terminated because your EMPLOYMENT is terminated.

[Barbee83]

OK, thank you. This is sure turning out to be one expensive baby! Oh well! Good thing he's really cute! Have a good day!

[tyvin]

I concur with "checking your paystubs." Please don't bring the baby into an argument about your irresponsibility. You haven't had the baby yet and you are already making excuses with regard to the fact your having a baby. Own up - and learn a lesson on life. Please don't respond to this tread as confrontation is not conducive to this site. Take the advice (negative or positive as percieved by you) and deal. Thank-you

[tyvin]

I concur with "checking your paystubs." Please don't bring the baby into an argument about your irresponsibility. You had the baby, yet and you are already making excuses with regard to the fact you have a baby. Own up - and learn a lesson on life. Please don't respond to this tread as confrontation is not conducive to this site. Take the advice (negative or positive as percieved by you) and deal. Thank-you

[Barbee83]

Who are you talking to? I've already had the baby and I did not in any way use the baby as an excuse. I was making a joke about the benefits I will now have to pay back. I asked for their opinion and I received it. I did not argue with them about anything. Their advice is accepted and appreciated. Your post, however, seems a little strange.

[Proserpina]

Originally Posted by Barbee83

Who are you talking to? I've already had the baby and I did not in any way use the baby as an excuse. I was making a joke about the benefits I will now have to pay back. I asked for their opinion and I received it. I did not argue with them about anything. Their advice is accepted and appreciated. Your post, however, seems a little strange.

Um...check the poster's history, Barbee.

That's all.

[Proserpina]

Originally Posted by tyvin

I concur with "checking your paystubs." Please don't bring the baby into an argument about your irresponsibility. You had the baby, yet and you are already making excuses with regard to the fact you have a baby. Own up - and learn a lesson on life. Please don't respond to this tread as confrontation is not conducive to this site. Take the advice (negative or positive as percieved by you) and deal. Thank-you

Please stop this. You do not get to dictate who should or should not respond to your posts - that's passive aggressive foolishness and won't be tolerated.

You have already given inaccurate advice in another part of the forum - in doing so YOU are not being conducive to this site.