My employer created a policy different than what I elected when hired

[Garden_girlcat]

I was rehired at my company 4 years ago and enrolled in benefits for myself only, within the 30 day "new hire" window. Used benefits a few times over the years, no problems. About 5 months ago during open enrollment, I added my fiancee to my vision and dental policy. We tried to use it for him for the first time this week at the eye doctor and were told by the doctor's office and insurance company that he wasn't on my policy but my ex-husband was and that I needed to contact HR to fix. I emailed HR the situation and stated that I would need a refund for the premiums I paid for the additional person on my policy that I did not approve of for almost 4 years but was told that I "should have noticed this sooner" and refunding for previous tax years was impossible. There is no way I would have noticed this sooner since we are not issued ID cards for vision insurance and the dental card I received only had my name on it.

The amount I was overcharged isn't huge (about $1500) so I hesitate to contact a lawyer as that would cost me just as much if not more, but I dont understand how my employer can get away with adding a person that I didn't elect. (Or if what happened is they restarted the same policy from when I was first employed - which I still didn't elect....)

 

[adjusterjack]

Your employer didn't "add" anybody. He was already on it from when you first worked for the company. What they can't do is delete somebody without your consent.

I'm going with, yes, it was up to you to check this out right after you got rehired.

 

[commentator]

I would've thought there would've been somewhere in the paperwork, an explanation of the approximate cost of the single person's dental and vision vs. the amount it would be if you added your fiancé. I'd have expected an increase and been asking why there was none, and what was the difference in price when adding another person. And even if you didn't notice you had and were paying for the coverage for more than one person when you first went to work again, and had not seen any paperwork that mentioned exactly who and how many you had covered by your policy, you'd have expected a cost increase in the amount paid if you added someone, and that there was no difference might have tipped you off at that point.

You do understand that if you happen to be in one of the 49 "at will" states and even probably in the one exception, if you decide to contact an attorney and have them demand that your employer reimburse you for this, it is totally legal and permissible for them to terminate you for doing so, don't you? I suspect that an attorney will tell you they aren't legally obligated to give you your money back anyway.

 

[cbg]

It is 100% your responsibility to know who is and is not covered under your policy. It is not your employer's responsibility one whit. Your employer did not add anyone - you added him and failed to remove him. Few if any dental or vision carriers provide cards in the names of dependents so that is not an argument. It is quite true that refunds for prior tax years are impossible.

In other words, this is 100% on you.