Johns Island, SC asked in Employment Law for South Carolina

Q: Can my employer cancel my insurance benefits immediately when I resign if they have already taken payment from my check

Related Topics:
1 Lawyer Answer
T. Augustus Claus
T. Augustus Claus pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›

A: In South Carolina, if you resign from your job and your employer has already deducted payments for insurance benefits from your paycheck, it is generally not permissible for them to immediately cancel your insurance benefits. The continuation of insurance coverage is often subject to the terms outlined in the employer's policies and the insurance contract. Typically, coverage will extend until the end of the month in which you resign, and your employer must provide you with information on how to continue coverage through options like COBRA. If your insurance benefits are canceled prematurely and you have paid for coverage, it may constitute a violation of employment and insurance laws.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.