Portland, OR asked in Employment Law and Health Care Law for Oregon

Q: I've been paying my work for healthcare. found out last week I haven't been covered since May. do I get a refund?

I worked for my company and then left, on good terms, for a new job. my company offered me a raise to come back so I did. part of the arrangement was that I wouldn't loose and of my health or vision insurance as I was only gone for 3 days. I called my insurance last week for questions about a prescription I need and they informed me that I haven't been covered since May 31st. all of my pay stubs show that I have been paying for coverage. my work is currently working on reinstating me, but are refusing to pay me the refund of over $200 for the months I haven't been covered because they say they still have to pay the insurance conpoany. do I have a right to request a refund? are they aloud to charge me for health insurance they have not provided for me?

1 Lawyer Answer

A: This would be an unlawful deduction, and you would be entitled to the refund and then some. Of course, if they are saying they still had to pay the insurance company, and let's say they did, then your employer is likely off the hook, but the health insurer has some explaining to do if they were taking the money.

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