Question
What is the name of your state?ILL
March 18, 2005
Dear Sir/Madam:
I was employed from May 24, 2004 to March 2, 2005, at my brother's company, US WorldWide Title Services in DesPlaines. There was a hostile takeover March 2nd by the investors who wanted to sell the company to their relatives. On that date my sister and I were fired as well. There was no complaint of our work. I worked long and hard, averaging 45 hours a week, because I wanted the business to succeed for my brothers. Since our termination, the company has denied us our last checks covering over 13 days.
And today, March 18, 2005, my sister and I received a letter stating our Health Insurance Coverage (UnitedHealthCare) was terminated as of February 28, 2005. Prior to the date of our termination! However, my brothers (one president, the other an officer of the company) and others that were fired received Cobra information. I had contacted the insurance company on March 16, 2005, and they assured me I was covered, so I went to my previously scheduled doctor's appointment March 17. My sister had seen her doctor March 7th.
I contacted the insurance company today and they informed me that the employer retroactively canceled the insurance, through a Mr. Robin Comeco. She explained the company had the right to do this, but that they also had to inform us of the cancellation in advance. We were never informed. We certainly do not believe we should be stuck with the doctor's bills under these unfair circumstances.
Please inform us of our next legal step.
Sincerely,
[email]ruthveo@aol.com[/email]
FYI: And as far as I know there are at least 5 ex-employees who are also being denied their last paychecks.
Answer
Duplicate post
Answer
I understand, and I was going to wait, but now I get a letter indicating the insurance has been canceled as of FEB. 28. I thought that made a difference, but if not, I'll wait the 44 day. Should I then cancel my follow up doctor's appt. I can't really afford getting stuck with the bill.
Answer
Please go back and read my answer again.
No, it does not matter that the coverage was cancelled as of February 28. It is LEGAL for them to cancel your coverage until your first COBRA check is received. In fact, it is standard operating procedure. I do not know of any employers who do NOT cancel coverage until they receive the first COBRA check, regardless of whether or not they have physically put the notice in the mail or not. They LEGALLY have 44 days to send you that information, and nothing in the law says they have to send it to all employees at the same time as long as it is sent within the 44 days.
IF they have not sent it within 44 days, you can file a complaint with the US DOL. Until then, they are LEGAL.
Once you have made your first COBRA payment, they MUST reinstate your policy back to March 1. There is NO legal way they can reinstate your policy effective any other date. Therefore, all bills incurred after March 1 WILL eventually be paid. It is entirely up to you whether to cancel the doctor's appointment or not.
This is now the THIRD time I have explained this. I will not explain it again. If you have any NEW questions, please attach them. Otherwise, just read my THREE answers which contain ALL relevant information to the questions you have asked.