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  1. #1
    Join Date
    Apr 2009
    Posts
    1

    Question Benefits Terminated Before I Was Told They Would Be

    My question involves labor and employment law for the state of: South Carolina

    I asked my previous employer if my benefits would go to the end of the month or end on my last day of work, and I was told that they would goto the end of the month. I gave my 2 week notice later that day, and was released the next day.

    The following week, of the same month as my notice date, I had surgery scheduled. The day before my surgery I called to confirm that I still had benefits. I was told that they ended on my last day of work.

    I had to cancel my surgery because I could not get proof of COBRA insurance in time for the surgery.

    So, basically, my employer gave me misinformation, which caused me to have to cancel my surgery.

    Is there any legal action possible here?

  2. #2
    Join Date
    Jun 2006
    Location
    Massachusetts
    Posts
    24,443

    Default Re: Benefits Terminated Before I Was Told They Would Be

    No, this is a clerical error.

    The employer is required by law to use the date that it says in the plan document. If they made a mistake and told you end of the month, that's a shame, but if the plan document says date of termination, they CANNOT legally give you to the end of the month.

    You would have had to cancel the surgery anyway if they had told you date of termination, so you didn't suffer any damages.

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