I worked full-time salaried and was recently let go. They made it clear that I wouldn’t get severance unless I signed a separation agreement. In that agreement and in a talk with my boss when I was let go, they said I’d have insurance until the end of the month. So, I went ahead and booked all my medical appointments, thinking I’d be covered. But when I tried to set up an eye exam, I found out my insurance was inactive. HR told me vision and dental might have ended on September 30.
The separation agreement and COBRA paperwork both say my coverage should last until October 31.
Do I have any options here? Can I ask for an extra month of vision and dental coverage since I didn’t get any for October?
I’ve found some places in NH, MA, and CT that offer free one-hour consultations. A good lawyer will tell you right away if it’s worth pursuing or not. Sometimes they might ask for a fee upfront just to test the waters, but it could be worth it. Wishing you luck, OP. If you think you have a case, don’t hesitate to stand up for your rights.
Maybe it’s just me, but I haven’t seen vision or dental referred to as ‘insurance’ in a while. It’s usually called ‘coverage’ nowadays, even though it’s enrolled with the same benefits.
You can always talk to a lawyer. Most will do an initial consult for free. Set up a few appointments, have them look at the agreement, and get their take on it.
Roan said:
You can always talk to a lawyer. Most will do an initial consult for free. Set up a few appointments, have them look at the agreement, and get their take on it.
Just a heads-up, when I looked for a lawyer, most consultations were definitely not free.
If your separation agreement says coverage goes through October 31 and they didn’t honor that, you could have grounds for breach of contract. A lawyer could look over your papers and help you figure out the next steps.
As for asking for an extra month or some form of compensation for missed October coverage, that would depend on the agreement details and any relevant laws. Best of luck, hope it works out for you.
@Mai
Thanks. I’m worried they’ll just brush it off as ‘an oversight,’ but I can’t let that slide. I’m not happy about the whole thing, especially since they did this right after a biopsy and the anniversary of my dad passing. But it feels like no one cares.
@Hadi
Remember, every state except Montana is at-will, so employers like to use that as a blanket excuse. But you do have some rights. The separation agreement is legally binding, and you might be able to take action if they broke it.
Definitely agree with others to talk to a lawyer. And while you’re at it, maybe discuss the reason for your termination, too, just in case there’s more to it.
@Laken
Not always. For a severance agreement to hold up, it has to follow certain rules. For instance, they need to give you enough time to decide before signing. A lot of companies don’t get these details right, which could make the agreement unenforceable. And some rights you can’t waive, no matter what the paperwork says.
@Laken
Honestly, I don’t have the funds to hire a lawyer right now. I’d rather just move on and focus on finding another job. Who knows, maybe I’ll go to law school someday and handle it myself.
Hadi said: @Laken
Honestly, I don’t have the funds to hire a lawyer right now. I’d rather just move on and focus on finding another job. Who knows, maybe I’ll go to law school someday and handle it myself.
Some employment lawyers work on a contingency basis, so you might not need to pay upfront. It could be worth checking out just in case they think you have a shot.
Hadi said: @Laken
Honestly, I don’t have the funds to hire a lawyer right now. I’d rather just move on and focus on finding another job. Who knows, maybe I’ll go to law school someday and handle it myself.
Becoming a lawyer later won’t undo the signed agreement. And honestly, vision and dental don’t cover much. You could have probably paid for an eye exam in the time it took to post here.