Can An Employer Stop Paying Health Benefits Because They Have Decided That You Are Part Time Without Notice?

In theory, you are entitled to health benefits because you qualify for coverage under your employer's health insurance Plan. You therefore need to get and read the Plan. For now, the fact that the employer covered you under the Plan for 20 years implies that you qualified for coverage, per the terms of the Plan, or at least that the employer thought you did.

It sounds like today the employer is no longer covering you under the Plan. You should therefore get the Plan and see if you are, in fact, covered by it. You have a right under a federal law called ERISA to get a copy of the Plan. Ask your employer for it.

If it says you are covered, you should be covered. If it says you are not (for example, you do not work enough hours), then you are not covered. If you and your employer disagree whether the Plan covers you or not, ERISA lets you ask a court to decide.

In addition, under a law called COBRA, most employers must give employees notice of their right to continue the company insurance coverage, but at their expense.

These are complicated areas of the law. I encourage you to seek legal advice, which this is not. I am providing you only with general legal information as I understand it.

posted by Neil Klingshirn  |  Dec 2, 2016 10:13 AM [EST]