Employer backdated my health insurance termination date

[Restricted1978]

VA
My former employer let me go from my job of 5 years he let me go on 11/2/15 he then had my health insurance canceled backdated to 10/31/15 he took the full amount of money from my last paycheck for my part of the insurance the check was dated through 11-6 I contacted him about the issue he is unwilling to correct it he told me he would refund me the money taken from my check for ins that it was a mistake I have audio recording of him admitting I did work on 11/2 everything said including the day he let me go has been recorded curious is he in the wrong and do I have a case I feel my insurance should have gone to the end of November since I worked on the 2nd

 

[ecmst12]

It depends on how the insurance policy is written and whether the plan is funded forwards or backwards.

 

[cbg]

Not necessarily.

Your health insurance ends on the day that your plan document says it ends. If, under the plan document, a termination on 11-2 means your insurance cancels on 10-31, then that's when it ends. It would be slightly unusual, but not absolutely unheard of.

As for a refund, that depends too. While just about everyone who posts here always assumes that a deduction taken out on 11-2, for example, would be for 11-2 through 11-16 (assuming a bi-weekly pay period) or at least that the deductions roll forward, that is rarely the case. Just about everywhere I've ever worked, a deduction taken on 11-2 would be for 10-19-11-2 (or the pay period equivalent). If that is the case, no refund would be due.

 

[Restricted1978]

Va

No the pay period was from 10/24-11/6 issued on 11/13/15 the insurance company are the ones who told me he called them on 11/3 and had it terminated as of 10/31

 

[cbg]

Which still does not automatically make it illegal, nor the deduction rolling forward.

Do you not recognize the concept of, Example?

 

[Restricted1978]

Pro

Which still does not automatically make it illegal, nor the deduction rolling forward.

Do you not recognize the concept of, Example?

sorry I didn't pick up on your example or the concept but then again it seems you would have picked up on my lack of grammar and total lack of correct terminology concluding that just maybe I am not of the highest education and most likely the reason I turn to the forums in hopes that I could get a better grasp of the situation I guess I assumed that when the lady from the insurance company said that it is not possible for them to backdate a termination of benefits that the employer had to of gone into the system and entered the termination date back to 10/31 that something seemed wrong again my apology for not picking up on your example thanks for your reply

 

[cbg]

Okay, let's be clear.

It is not illegal, in and of itself, to backdate a termination of insurance. it is somewhat unusual but it is by no means unheard of.

Every employer sponsored plan has a plan document which sets up the rules. The plan document specifies when coverage ends. I have not read your plan document. I cannot tell you when your insurance is supposed to end. IF the plan document allows for a retroactive termination then nothing illegal has transpired. IF it does not, then you have a breach of contract. The woman from the insurance company, depending on what department she works for, may or may not be familiar with the eligibility requirements set down by your document. The insurance carriers are the best source of information for what is covered on the policy - they are NOT the best source of information for when your insurance is and is not supposed to begin and end.