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I got laid off (with no warning) and can't afford COBRA.?


I live in Mass, got laid off last week and 2 days later received my BCBS health card in the mail. I can't use it because I got laid off and my benefits ended that day.

Is it possible for me to get reimbursed for the health insurance taken out of my check for the 3 weeks prior to me getting laid off? Should I contact my employer or the Health Insurance company?

Also, I got laid off with no warning. Is that legal? It was effective immediately, and it was not due to my job performance, it was only because the owner no longer wanted to offer my position within the company. Do I have any rights as an employee? What can I do?

Btw, I'm the 15th person to be laid off from this company "just because" in the last 9 months ....

Your insurance does not end on the day you are laid off. Check it out. File for unemployment immediately, there is a waiting period that doesn't begin until you file.

If you did fill out enrollment forms to sign up for insurance then you would not be able to be reimbursed. Unlike other deductions in your paycheck, health insurance is taken on a before tax basis as a benefit to you. And since you signed up for benefits you had to pay the premium.

You can try to convince your employer to reimburse you, but taking you out of the system on the day you signed up for reimbursement would be against tax regulations.

Most states are "At Will" employers, which mean you can lose your job at anytime for practically any reason. MA is a more union friendly liberal state which probably has more restrictions. You may want to speak with your personnel office about the reasons you were laid off. If you were laid off you can have the state help you through unemployment until you find another job.

I believe that unless a contract was violated, you can get laid off for no reason or not for any negligence on your behalf. I don't believe you can get reimbursed for insurance. It's like asking for a car insurance refund despite not driving your vehicle for a few months. However, I believe you are eligible for unemployment benefits until you find another job or 6 months whichever occurs first. They may have extended the length unemployment is received.

Your employer can lay people off with no notice and for no reason as long as it was not discrimination - eliminating a position is not discrimination. You can collect unemployment. The insurance money that was taken out of your paycheck was in advance - for example it may have been taken out in early July for the month of July. You are therefore covered by insurance for July and not entitled to a refund. Didn't MA just institute some type of public medical insurance for residents? Perhaps check into this.

You have to have a fairly large company with significant layoffs for any law regarding notification to kick in. You might be able to get a refund on your insurance, but I doubt it; on the other hand, the insurance goes until the end of the month, not on your termination date (but check with the insurance co.)

It is up to the discretion of the company whether or not to refund your payments. Most company insurances have a 30-day coverage period to allow you to be covered while you search for another job. It is a so-called portability right. I know this is the law in Texas. I always thought it was Federal law. If so, you have coverage for 30 days from date of discharge.

First off, do you have a Union where you worked? Is so, there may be rules regarding how much notice they have to give you before a layoff.

As far as getting reimbursed, I wouldn't hold my breath!!

The only other thing would be to collect unemployment benefits, and call the Department of Labor, they should be able to answer any questions you may have.

Well u can contact your employer don't really know how much good that will do you..
and yep sadly enuff they can lay you off, but did they also pay you that same day?? Cause where i'm at if you get fired, they have to legally have to pay you..
and as far as getting any money back for your health insurance, just cause you got your card, don't mean that you couldn't of used it at a doctors office. SO wish u the best of luck

The premium you have paid may still be valid for a few weeks. Phone up the employer and the insurance company. . Other than that file for unemployment benefits immediately, and look for your next job. Good luck

no its not illegal lol everyone gets laid off at one point or another file unemploymeny youll get money to help out until you get another job

file for unemployment first so you can get some money coming in then move on to the next job

The system is not designed to work for Taxpaying honest Citizens.

report them

Did you have a contract? Did they promise you work for a certain length of time or only as long as you were needed?

Honestly, I think you need to find someone in the phone book who practices employment law and call and ask. There are a lot of questions law offices will usually answer over the phone and you have some meaty issues here. Also, the answers you get would have to be from people versed in how it works in Massachusetts, otherwise it's probably close to irrelevant if it's totally accurate where they live.

Call the lawyer tomorrow.

J.M., 7/27/08

OH FOR GOD'S SAKE, UPDATE:

Whether or not to extend COBRA to a terminated applicant is not the part of this that I said was subject to state law. That part IS federal. You can't get more sound advice than to call a lawyer. Who the heck is the thumbs down from? I'm sorry, that's garbage. Whether or not you can be reimbursed for the money taken out of your check is probably primarily local, in any event, the lawyer will KNOW the answer whether it's local or federal. I should mention that as someone else said, when you are terminated or quit, your benefits extend to the end of the month in which your employment ended, so in all likelihood, you are getting every bit of that for which your money was deducted unless your company has a habit of deducting two months ahead of time, which would be highly unique. Whom to contact? The lawyer will tell you that too. Getting laid off without warning? That DOES vary from state-to-state. Call a lawyer. A lawyer will also be able to tell you if you and the other 14 people "just let go" by this company have grounds to sue the company for any reason, depending on what the circumstances are. There is nothing anyone is obligated to do to help you afford COBRA. Unfortunately, COBRA, as a right and a safeguard, is little more than a carrot in the faces of most of us. What can be a crueler joke than telling a fired person that they get to keep being insured for almost $1,000 a month? It's a joke really, where the punch line is an actual punch.

I just resigned from my job earlier this month, and my health insurance automatically extends to the end of the month when I resigned. I would contact your company first, specifically the human resources department, and ask them if it extends. If you have any trouble with them, then call the health insurance company.

If it does extend, then you probably can't get a refund for anything, but if it doesn't, then I believe you could. Again, the place to start is with your company, and then try the insurance company if you aren't getting any answers.

As far as being laid off without warning, MA has "at-will" employment where an employee can be terminated for any reason not specifically prohibited by law and it doesn't require any prior notice. However, it is prohibited to fire someone for lack of good cause if the employer doesn't meet certain conditions ( http://www.theemploymentlawyers.com/Arti... ). So, you may want to check with an employment attorney in your area to see if you have a case. A list can be found here: http://lawyers.findlaw.com/lawyer/practi...

Good luck!

As to the firing, it depends on the laws in your state. I know it texas we are at "at will" state. Sounds like that is the way it is there, too. What that basically means is that you can be fired at the will of the company...long and short, they don't need a reason. the upside (?) of that law is that you can quit at any time for no reason. I've been let go cuz of the same thing, like a month before my wedding. It really sucked cuz there is nothing you can do. You can try to file for unemployment, but if the law is as I have stated you likely wont get it. I filed, but because there was no wrongdoing on the the part of my employer I didn't get approved. Unfortunately, that is part of the wonderful economy we live in at this time. I am sorry and hope things get better for you.

okay first things first you live in mass.. massachusetts it is a state law that u be insured ..so what u do is you go file for mass health at your local hospital and since your laid off you will have it..as long as you dont make any money it will be free.. im a college student living in mass and i do not pay a dime for health insurance im on mass health.. but as soon as i start working i will have to pay into my health care...

okay second wiuth the job thing. yes a job can lay you off if they do not have a job quanity to support having you on their stafff.. without notice as well thats a employers right to lay off people they can not accomidate.. but what they have to do is pay you half your salary for the stent of your unemployment .. for a given amount of time... and that would be the only thing u can argue and take to court would be the unemployment.issue.. not the layoff issue itself.. your best bet would be to search for another job...economy iis horrible right noww and their is no work out their so me saying find another job i know is easier said then done these days spoecially in thios area.

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