Employee Never Enrolled

[Friend612]

Jurisdiction

Louisiana

A friend has asked me to pose this question for her...as an HR manager (not at her place of employment), she asked me for advice on this and I am at a loss as to what she needs to do.

She went to work for a company 6 years ago. At the time, she was supposed to be enrolled in health insurance and life insurance after 90 day probation was reached. Flash forward 6 years later, the accountant shows up and hands her a check for a "refund" of 6 years of life insurance premiums they deducted from her check. They never enrolled her in the life insurance portion of her benefits thru a snafu in the office. Worst part is, she is now a diagnosed diabetic (wasn't 6 years ago) and she cannot get life insurance anymore without extreme hardship. The company has refused to further discuss the subject and is offered no alternative solution or made any effort to remedy the situation.

Is her company legally obligated to fix this impossible situation?

 

[army judge]

A friend has asked me to pose this question for her...as an HR manager (not at her place of employment), she asked me for advice on this and I am at a loss as to what she needs to do.

She went to work for a company 6 years ago. At the time, she was supposed to be enrolled in health insurance and life insurance after 90 day probation was reached. Flash forward 6 years later, the accountant shows up and hands her a check for a "refund" of 6 years of life insurance premiums they deducted from her check. They never enrolled her in the life insurance portion of her benefits thru a snafu in the office. Worst part is, she is now a diagnosed diabetic (wasn't 6 years ago) and she cannot get life insurance anymore without extreme hardship. The company has refused to further discuss the subject and is offered no alternative solution or made any effort to remedy the situation.

Is her company legally obligated to fix this impossible situation?

If the company is legally obligated to do anything for her, she might ask them in writing.
I suspect the company will not answer her letter, or the answer will be that the comaony owes her nothing because her money was refunded to her.

Bottom line, I'm afraid if she wants to know who was responsible for the alleged mix up, she'll have to bring a lawsuit and allow a court to provide the answer.

The filing of a lawsuit can sometimes cause the other party to negotiate.

Alas, in this case, the company is powerless to act.

I'm afraid, your friend has nowhere to turn, and won't get anymore than she has recently received, her monies refunded.

 

[Friend612]

Thanks for your reply.

 

[ElleMD]

Is there an open enrollment soon during which your friend can elect life insurance? Many plans offered through employers have at least a minimum amount available without underwriting (meaning they won't ask medical questions). Diabetes also isn't usually a bar to getting life insurance, particularly if it is well controlled.