Health Insurance

[[email protected]]

I am in Arkansas. My employer did not pay their health insurance premium and our insurance was cancelled. They did however take premiums out of my check for two pay periods after that time. They have since applied to two seperate companies and have been denied. I still do not have health insurance, nor have I been refunded my money. It has now been over 90 days since we have been insured. If they are able to get it insurance through another avenue we will be subject to pre-exhisting conditions. My wife had cancer 2 years ago, and now will not be able to be covered for cancer. Do I have any recourse against my employer, for taking money out of my pay for insurance, and not paying the insurance premiums with that money?

 

[ALawyer]

It sounds as if the employer is in financial trouble, or why else did it fail to pay (or reinstate) its coverages? While they may come up with some excuse, it will probably be lame.

If that is the case, any judgment on a claim you might have -- and a good argument can be made that you have a claim should there be a recurrence -- could be uncollectible.

It is possible that they will find a company or HMO that will cover employees if the group is large enough and NOT impose a long pre-existing condition exclusion.

Might making a big fuss get you fired through some pretext?

 

[[email protected]]

I am actually not concerned about being fired. I have been offered a great position at a competitor of the company I work for. I had no intention of leaving until this happened. I am hoping that this situation will give me grouds to fight my Confidentiality and No-compete contract.
Do you have any advise for me on this?

 

[ALawyer]

That's not a health insurance question, but a non-compete questions -- ask under Employment Law. Depending on the state non-competes may be unenforceable or enforceable only to the extent they are reasonable. Non-disclosure agreements are, however, almost universally enforced.