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View Full Version : Can my employer cancel my benefitswithout notice? Please help.


irish80ca
Jan 1st, 2008, 10:42 PM
Hello again everyone.

I've got good news and bad....
The good news is I've found a new job!!!!

The bad news is my current boss may have cancelled my benefits.

Here's the story.

I've worked for "Company A" for 5 years and had benefits since the beginning. The company has recently had all the employees fill out new forms a few weeks back for benefits because effective Jan. 1st they're switching to a new provider.

On Dec. 28th I handed in my notice stating my last day would be Jan. 5th 2008 as I start with "Company B" the following Monday.

I wasn't supposed to work Dec. 31st as the office was closed but the boss asked if I could come in and start going over my duties so they can pick things up easier after I leave. I agreed.

While there I overheard him asked the receptionist to make sure my benefits were cancelled immediately. I thought I would still have coverage until the end of January or at the very least until my last day employed with "Company A". Nothing has been given to me saying I will not get my benefits and I have already got an order in for glasses which I had planned to submit through this new plan.

Can "Company A" do this? No warning or notice of cancellation. I don't think they can PRIOR to my last day just because I handed in my notice.

I really need help on this one.

Thanks guys.

monty613
Jan 1st, 2008, 11:13 PM
On Dec. 28th I handed in my notice stating my last day would be Jan. 5th 2008


My first instinct would be they would cease on Jan 5th. Why would they cover you until the end of January?

nalababe
Jan 1st, 2008, 11:51 PM
They probably cancelled your plan, though you would have coverage until your last day.

zero_
Jan 1st, 2008, 11:55 PM
Since you ordered your glasses before dec31, aren't you suppose to claim using the old benefit program?

irish80ca
Jan 2nd, 2008, 08:41 AM
My first instinct would be they would cease on Jan 5th. Why would they cover you until the end of January?

I'm fine with them ending Jan 5th. I just thought the may go to the end of the month if they have to pay the full month up front. ??? I don't know how that works.

It sounds like my current employer has or is trying to have them cancelled effective Dec. 31st. 2007.

sanborn
Jan 2nd, 2008, 01:05 PM
In a normal situation, I would think your benefits coverage should be until Jan 5, meaning you should be enrolled on the new plan for just the 5 days in January.

However, you should probably take a look at your employment contract, as it probably states something like "company A will make available to you any benefits that it offers from time to time and can make changes without notice".

It's a stupid thing for your boss to do if he is cancelling your benefits early, I would question him on it, but in the end, contractually there probably isn't much you can do about it.

irish80ca
Jan 2nd, 2008, 03:32 PM
In a normal situation, I would think your benefits coverage should be until Jan 5, meaning you should be enrolled on the new plan for just the 5 days in January.

However, you should probably take a look at your employment contract, as it probably states something like "company A will make available to you any benefits that it offers from time to time and can make changes without notice".

It's a stupid thing for your boss to do if he is cancelling your benefits early, I would question him on it, but in the end, contractually there probably isn't much you can do about it.

I never had a contract of any type. It use to be a family business and then sold several months back.

deep
Jan 2nd, 2008, 03:39 PM
If you have deductions from your pay for benefits, then you should be covered up until the end of your last pay period, at minimum. It may extend to the end of the month if that's the period the benefits company is paid for.

irish80ca
Jan 2nd, 2008, 07:22 PM
If you have deductions from your pay for benefits, then you should be covered up until the end of your last pay period, at minimum. It may extend to the end of the month if that's the period the benefits company is paid for.

I do pay $20/pay period (every 2 weeks) but that covers my life and disability insurance.

I'm wondering about all the other stuff, eye care, dental, prescription, etc.

I guess my main questions is: Can the company Cancel my benefits WITHOUT notice because I handed in my resignation letter? or rather not include me in the New registration with the new benefit provider.


I'm not to worried if it ends on the 5th or the 30th, as long as I can still get it for the first few days of January.