Employer Cancelled Insurance back dated

[Karan2009]

I am on H1 and bear my Health Insurance premium cost. When I resigned from current employer, he cancelled my Health Insurance 2 month back dated though Insurance premium has been paid by me (one month on Pay stub is reflected and other month was deducted from my per diem in advance). Now as I owe some medical bill for the first month but as of now there is no coverage due to cancellation of Insurance.
I had a word with employer but he denied to restore the insurance. I cannot get covered from my new employer as I was not under their payroll.
Please advice how can I get my insurance restored as I have paid full insurance premium for both the months. Also Can I file a complaint with Dept of Labor against my employer or not.
Please suggest.

[sdrblr]

Did they give you the paper work for COBRA. If not that is illegal. I am not an expert in HR law, I know when you are let go, they have to give you COBRA but not sure when some one resigns on their own. Try to read on this and will be a good starting point for your next course of action

[Karan2009]

Thanks for your reply but Insurance premium has already been paid to employer and it has been deducted too in pay stub. Then also employer has cancelled back dated

[dextro_a]

One of my employer did the same and since payroll deduction did took place, you can complain (or at least threaten to report) to DOL. Fortunately, in my case the medical bill was way less then the premium I paid, so I asked for refund of payroll deduction. Make sure you keep a email trail and not verbal assurance.

[sdrblr]

I checked with my HR friend and she said irrespective of whether you resign or not, you are supposed to get COBRA paper with in 30 days. She said you can contact labor commission. Confirm this with an attorney if you decide to take this path

[Karan2009]

Appreciate you response. Thanks

[Karan2009]

As dextro_a same thing happened with you. Can you please elaborate more the same like how did you proceed for refund of premium etc. Also Threating doesn't works. We need to do something concrete. Please explain.

[ss777]

COBRA is mandated only if your employer has more than 20 employees. Otherwise he is not required to provide COBRA papers. But stopping insurance back dated is illegal.

[dextro_a]

For me, employer was not happy because I joined the client through another better paying vendor. I did my research, went through my offer letter, etc to make sure there is no Non-compete clause. There was a clause for direct hire, but none for indirect (through vendor). Also, I was not required to give any notice, so, I left the job the day pay got deposited and timed H1 transfer (via premium processing) accordingly. First, employer tried to threaten me for Non-compete but when I showed him the offer letter, he had little to say, so, he canceled my insurance for last month. Apparently, with group plan, Insurance companies allow that. I asked Insurance company to fax me Insurance termination letter, and faxed it along with pay stub and letter to company's HR. I also sent the email and left the VM to HR. I did that so I can prove I tried to communicate through all the channels. Within a day, I got a response that they have mailed me the check for my payroll deduction.