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Employer did not provide insurance as promosed.

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jeffmarven

Junior Member
State: Califorina

As part of my Employment Proposal the following was satated.

Medical Insurance: The company pays 100% for the employee coverage and
50% of the dependent coverage. We currenty offer Kaiser Permente medical
coverage. Eligibility is the 1st of the month after 30 consecutive days of employment. This word for on my proposal. After one year with this company
I was laid off and never recieved the insurance. The reason I left the company I was working at before comming to work for this company was for the benifits I never recieved. What recourse can I do I am in Califorina. I would ask them time and time about insurance and they would not do anything.

Thanks
 
Last edited:


pattytx

Senior Member
Did you have medical expenses during the course of your employment that otherwise would have been covered?
 

Zigner

Senior Member, Non-Attorney
Did you have a bona-fide employment CONTRACT which stated that you would receive medical insurance?
 

jeffmarven

Junior Member
No I did not have any insurance

I had no insurance at all thats why I left my other comany because this company was going to provide insurance that they never did. That I have in writting that they where going to provide.
 

pattytx

Senior Member
OK, here's the deal.

IF this was a group medical plan, there had to be a plan document. Group medical plans are under the authority of ERISA, which requires that, if you meet the criteria for coverage, you MUST be offered it. Failure to do so could invalidate the entire plan, including it's tax-preferential treatment.

So, WAS this a group medical plan, or were they just going to buy an individual plan for you?
 

pattytx

Senior Member
Do you have a copy of the Summary Plan Document (SPD) explaining eligibility?

You can file a complaint with the federal Dept. of Labor, but it would be helpful if you have the SPD in front of you.
 

pattytx

Senior Member
I didn't say your contract. I said the Summary Plan Document for the plan.
If you never got one, request it from the company.

It doesn't make any difference what your contract said IF you didn't meet the eligibility requirements under the plan. Those requirements would be detailed in the SPD.
 

eerelations

Senior Member
I didn't say your contract. I said the Summary Plan Document for the plan.
If you never got one, request it from the company.

It doesn't make any difference what your contract said IF you didn't meet the eligibility requirements under the plan. Those requirements would be detailed in the SPD.
I started to say this but then I got real tired and just gave up. Like you pattytx, I don't like pulling teeth - and have just found out that I don't even like helping other people pull teeth.

Whew what a slow thread!
 

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