A community of 30,000 US Transcriptionist serving Medical Transcription Industry

Has anyone gotten any information from Landmark on insurance issue? - stillhanging

Posted: Jan 27, 2011

Re: Landmark - still hanging - ABL

[ In Reply To ..]
I have no idea what is going on. The only thing I know is that I am, for all legal purposes, not insured. No group number, nobody to call except someone who can sell me individual insurance. Well, that might work after COBRA runs out, but for right now, we need to be on COBRA! What about it?

I am worried about signing up for COBRA because it is - stillhanging

[ In Reply To ..]
$735.00/month. LM said they would send us the info on it and pay half but we have not received ANYTHING since. I am afraid if I sign up for COBRA and then have LM will renig on paying half of that too and I will be stuck with this huge payment. I am also afraid to sign up for individual insurance because I don't trust LM to pay half of that either. So, you are right, legally we are without insurance.

My question would be at this point is LM liable for providing something since they are the ones who cut us off? I did call an attorney who wants $250.00 for initial consultation to even tell me if they are liable, and 7500.00 retainer, of course, which I do not have either. The attorney's assistant did say to contact ERISA or our state insurance board????? Who is that is my next question. What a mess, I don't know what to do.

I just cannot believe that this is happening and we are just screwed here. Any suggestions are appreciated. Since we work at home, please keep these threads going so we can help each other, as that seems to be all we have is each other right now. I am just in tears as a single mother.

Can you say what is going on? - read up

[ In Reply To ..]
If they decided to just stop providing insurance, I don't think that qualifies you under COBRA. (Check the link below).

You are eligible for COBRA if you've been terminated or separated from a company who meets COBRA requirements.

Not sure what's going on with Landmark, but I'm guessing they have over 20 employees? And I'm guessing them just stopping providing healthcare may not make COBRA an option. I'd sure as heck be finding out.

And the DOL is where you'd want to check.

Worried/still hanging - just me

[ In Reply To ..]
The lawyer I talked to (in California) tells me there is likely to be a contact issue involved here, as they contracted with us to provide insurance and we, for all practical points and purposes, do not have it. It was suddenly ripped out from under us with no warning. Even though the employer would likely tell you to buy your own medicine and get reimbursed once (if ever) we get COBRA, not many young families have the means to do that and besides, as he says, what is the purpose of having insurance (includong COBRA) in the first place if you have to shell out your own money? It is NOT to put money out of your pocket. Unfortunately, I do not have a wealthy husband who can just dole out the cash. The lawyer did say that each person should document all of this with the insurance commissioner of whatever state you live in as well as whoever administers COBRA. Not sure about that. As far as the $288 to be paid on an individual policy, that is a fraction of what such a policy would cost, even for a healthy person. Have you ever priced individual policies? Even if you have something in your record (and they WILL ask) as benign as childhood asthma or a difficult pregnancy or anything like that in your background, you will likely not be able to get individual insurance or if so, it will cost several thousand dollars a MONTH. Yes, I said a month. I have a friend who had a heart murmur heard once on a high school physical, no heart problems of any kind (in fact, in high school she was very athletic, into tumbling and fancy diving and played on a softball league in the city!) but she could not get an individual insurance policy because some high school physical said "heart murmur" 15 years ago! What concerns my DH the most is that we have heard nothing from our employer and the month is nearly at an end. Many of us are lucky and can be added to a husband's insurance fairly cheaply. But there is too little communication going on and it scares me. On a personal level, I am getting ready to job-hunt.

Whoops, still hanging - correction - Just me

[ In Reply To ..]
I meant to say CONTRACT issue, not contact issue, sorry.

Thank you for the information, which is basically what I - stillhanging

[ In Reply To ..]
have found out. Frankly, I cannot trust Landmark anymore and am also going to be "looking". It is not my primary job but provided my insurance, so since they reduced our pay last April without notice and contrary to our hire agreement and now this, they do not stand out any longer for me as a profitable employer. It is a shame that they are allowed to act this way. Anyone considering working for LM be advised by all this and reconsider-it is typical conduct. Thanks again and good luck to all!

Do you still work there? - if so

[ In Reply To ..]
you can't get COBRA.

And COBRA does work in a sort of retroactive fashion. You have 60 days from the date of your lapsed insurance. Your employer has 30 days to get that to you and you have another 30 to accept it. If you accept it at the end of that 2nd 30 days, you still owe TWO MONTHS of payments so that you have not had lapsed insurance.

If they are not responding to you, I'd guess they simply made the cut and y'all are on your own. That majorly stinks. It's also happening with a lot of small businesses freaking out and cutting all insurance which is just stupid.

Y'all must be beside yourselves and it definitely sounds like if you can't be covered by a spouse/parent's policy, then you're on your own.

Google your state's name and insurance commissioner. Start there. - Also google ERISA for contact information.

[ In Reply To ..]
Lots of information on the Net about how COBRA works, but it sounds like it would be unreliable and expensive with your setup.

I would also hope that Landmark is tending to its other employee obligations in a timely manner, like paying unemployment insurance, SS taxes, and making sure the taxes you have withheld are making it to the government branches (fed, state, city, etc.) where they should go.

Insurance - Alias

[ In Reply To ..]
I am not a LM employee, but I have been following this thread for a while now, as your concerns could eventually become concerns for all who are employees of an MTSO who is to provide insurance. I have just three words to state in regards to this:

BREACH OF CONTRACT

If you, as employees, had a written contract which stated insurance would be provided and suddenly you no longer had insurance provided by the employer, would that not be breach of contract? Would you be able to sue them for that and maybe recoup some losses?? It is just a thought. I have no idea where you are all going to end up standing. My heart goes out to all of you.

To alias-It is a Breach of Contract just like reducing our - nothanginganymore-LOL

[ In Reply To ..]
base pay was in April last year, but they did it anyway. The problem is I talked to 2 lawyers this morning, and yes we have a case and can take up a civil lawsuit as a GROUP, but each will have to pay a retainer (one quoted me 7500.00 each) and fight it with there being the problem of everyone being in a different state also. Fortunately, most employers (MTSO) are honest and do not treat their employees this way. I am not a fighter as I have other things to do, so this is the last straw with LM, they don't matter anymore to me because I don't matter to them. Take heed and proceed with caution with this company friends. All we have is ourselves and I am grateful to MTstars for allowing us to be there for each other. Sometimes, things get negative, but things like this situation with Landmark NEED to be conveyed to our fellow workers-each can take it from there. Thanks all!

When MTSO decreases pay, if you keep working, in - substance you are okaying the decrease. nm

[ In Reply To ..]
x

Yep, that's right! My bad! - stillhanging

[ In Reply To ..]
nm

Alias - me

[ In Reply To ..]
But if we sue them and harm the company, how does that help us? If the company goes down, we lose our jobs. Let's not shoot ourselves in the collective foot. I do not think legal action is the answer. I just wish they would communicate with us!

an idea - sm

[ In Reply To ..]
I don't work for Landmark, so I don't know the details, but have you tried calling the National Labor Relations Board and ask for their advice?

When I called last month about an issue regarding my employer's insurance, the man I talked to was extremely friendly and helpful. I was expecting voice mail and then the typical government nightmare, but it was a pleasant experience! He picked up the phone on the second ring and spent a lot of time explaining things to me. What a refreshing change from the typical government attitude I have run across in the past.

Anyway, it might be worth a try - if only to see if they might give you some legal options or to steer you in the right direction. Maybe you can contact the insurance regulators in your state and ask them for advice. (?)

To sm-this is exactly what a lawyer told me this - stillhanging

[ In Reply To ..]
morning as you state in your post. I do intend to report this to certain labor organizations, they at least deserve a fine. This is disgraceful behavior on the part of Landmark. I also agree with the post that they (LM) obviously aren't going to do anything about it because they don't answer any emails. We ARE on our own and I have taken steps to correct this situation-I QUIT! Thanks to all of you for listening. DISGRACEFUL!

unanswered emails? - sm

[ In Reply To ..]
Are they getting ready to close their doors? I'd send a copy of my emails via registered or certified mail TODAY. It sounds like there isn't much time to spare if they aren't answering emails. That's absurd and disgraceful to blow off the employees like that. How many employees do they have?

I wish you all the best and hope everything works out. Please keep us posted.

Legal action? - not so sure

[ In Reply To ..]
A small business can pretty much do what they want. They can offer benefits and then decide to not offer benefits. They can change their policies and procedures. They can fire at will in most instances, especially in MT.

It really stinks that you've had your insurance taken away, but I don't think there's anything at all legally you can do.

It's not a "right" to have insurance in America.

Some things just suck, this is one of them.

Yea, but it goes to the character of the management/owners - ex-LMer

[ In Reply To ..]
and after this past year with pay cuts and now the insurance fiasco, I don't trust them. At least stand by what you say and don't change it mid-stream without notice like they do without any regard for the employee. I don't work for people like that and since this fiasco have left. If I can't trust you, then you are nothing to me.

ex-LMer - Observer

[ In Reply To ..]
I think a lot of the problem may go to the fact that the owners are very wealthy people, and wealthy people just do not think like lower-income people (like me) do. For example, to tell MTs to just pay out of pocket to have prescriptions filled and save the receipts and they will get reimbursed later when we finally have Cobra. No one I know could afford to do that. I do not think they are taking this approach to be mean or wilfully unkind, I really don't. I just think that the weathy cannot conceive of what it is like to try to stretch a box of mac and cheese and some fixins for three meals or that if they accidently short your check a hundred bucks you might not make the mortgage payment. They do not live on that kind of financial edge. (I sure wish I didn't.) Not defending or attacking them, either one, just saying that they I really do not think they realize the position this whole thing has put lots of families (and probably singles, too) in.

Standard COBRA rules - not cause they are wealthy

[ In Reply To ..]
The reality of COBRA *IS* that you may have to pay out of pocket until you get COBRA paid for. Just because they are wealthy doesn't make that rule up, it's been there.

I just don't see where any of you would have a legal leg to stand on. They are the business owner and they get to decide if they will provide access to healthcare or not. They did. Now they don't.

You'd qualify for COBRA if you now left them, but you don't qualify if you still work for them.

The problem is - anon

[ In Reply To ..]
as I see it, not whether the owners are wealthy or not, or even whether they continue to give insurance or not. They own the business and they can run it any way they want. What I see as the real problem is the total lack of communication. If they were going to drop insurance at the end of the year, fine, they have a right to do that, I guess, but would it have been too much to ask for people to have had some advance warning so that they could make alternative plans, like getting on a spouse's plan, changing jobs to a job that still provides insurance, or at least fill their prescriptions one last time to tide them over, whatever? And to this day (01/28) there has still been no communication. I don't want the Cobra rules changed, nor do I expect the owners to run the business according to anything but their own wishes. But surely they could have some communication with those of us who work really hard for them? Not knowing what is going on is too scary.

No excuse-because they are wealthy-they are employers - ex-LMer

[ In Reply To ..]
and it goes to stability, reliability, integrity, honesty, etc., as an employer to their employees. May I ask how you know they are wealthy? Regardless, poor management and bad character are not traits I look for in an employer. From what I read Cobra DOES NOT apply if still employed, which is the reason we are not hearing back from them-another sign of character for me. I quit, so now I am eligible for COBRA. Just a disgraceful mess!

an idea - crash cart

[ In Reply To ..]
My lawyer said to talk to:
1. The local office of the Department of Labor.
2. The insurance commissioner of my state.
He recommends all of us do the same. He also said we all should keep all memos and a copy of our contract.

hiring?! - sm

[ In Reply To ..]
Is this the same Landmark Transcription who has an ad on the board dated January 13?

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