Is it legal for my employer to terminate health insurance 10 months into the year?
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Is it legal for my employer to terminate health insurance 10 months into the year?
My employer asked company wide for all to show proof of dependents by the end of September 2019. Which I faxed. I later got mail saying that my husband’s insurance was terminated effective November 1, 2019.
Asked on November 2, 2019 under Employment Labor Law, California
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 4 years ago | Contributor
If you failed to comply with the requirement to show proof of dependents (including not sending in the right proof; or not sending it on time; or not sending it in the correct way, such as if it had to be by certified mail or include original, not faxed documents), they could terminate the coverage for that reason: they don't have to provide it if the employee fails to comply with documentation, etc. requirements.
Or if your husband doesn't fall under the parameters of coverage--for example, many employers will only cover family members if those family members do not have the option of getting insurance from their own employer, so if your husband is employed and could get insurance from his company, they could drop him.
Or if they discover that you misrepresented something earlier, such as by initially claiming your husband was unemployed but then they discovered that he worked at the time you claimed he was unemployed--they could drop him for that reason: for the fraud or misrepresentation.
Otherwise, however, it would seem that they would have to still cover him.
The first thing you should do is to find out why he was dropped; then you can determine if it was legitimate.
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