Q: Can I file a suit for insurance fraud against my ex-employer?
I was terminated on 12/15/2023. The day before I needed to be taken to the ER via ambulance, and made a claim on my employer provided medical insurance. Normally i would be paid via direct deposit by paylocity, the companies payroll company, yet I was mailed a hand written paper check. A couple weeks later I got a letter in the mail saying that my insurance claim was denied because they said I was terminated 2 weeks before my actual termination date, and that my premiums weren't paid as a result. Not only were the premiums taken from my check 2 weeks before I got my last check, they didn't take any withholdings from my last check. The company intentionally lied about my termination date in an effort to deny my claim, refuses to allow me to get my belongings that were in the company truck, and has now blocked me from getting unemployment benefits. I also never got Cobra paperwork
Lawyers, want to be a Justia Connect Pro too? Learn more ›
- (916) 704-3009
- View Profile
- Answered
A:
If you believe your ex-employer has committed insurance fraud by misrepresenting your termination date to deny a legitimate insurance claim, you might have grounds to take legal action. The situation you described, where premiums were deducted from your paycheck but the benefits were denied due to alleged non-payment of premiums, alongside the misrepresentation of your termination date, suggests wrongdoing. Moreover, withholding your belongings, impacting your unemployment benefits, and not providing COBRA paperwork are serious concerns that further complicate your case.
To pursue this matter, documenting all communications, transactions, and events related to your employment, termination, insurance claim, and interactions with your employer regarding your belongings and unemployment benefits is critical. Gather pay stubs, the denied insurance claim letter, any correspondence with your employer about your termination and insurance, and proof that your belongings were left with the company. This evidence will be crucial in building a strong case.
Considering the complexity of employment and insurance law, consulting with a lawyer experienced in employment disputes or insurance fraud is a wise step. They can evaluate the merits of your case, advise on the best course of action, and represent you in legal proceedings if necessary. Legal action can potentially recover damages for the denied insurance claim, address the wrongful withholding of your belongings, and challenge the actions taken to obstruct your unemployment benefits. Acting promptly to seek legal advice will help protect your rights and interests in this challenging situation.
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.
