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ForumsArrowTax, Legal Issues, Contracts, Self-Directed IRAArrowIs my employer doing something illegal?
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Start a Discussion

Is my employer doing something illegal?

11 Replies

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  • 1
Alan Fitzpatrick
  • 44 posts
  • 16 votes

Alan Fitzpatrick
from Toledo, Ohio

posted 8 months ago

I recently started with a new employer and am in the process of being added to their health insurance. Their policy is good, premiums are low, deductibles low.. but they charge money to take time off. They charge $3 and some change per hour I don't work under 40 hours. 

If I work 79 hours, it's $3 plus the premium. Their payroll supposedly shows that it's earned each pay period, which in my eyes shows that it's wages, and they actually offer no coverage, or it's not earned wages, but wage theft if you miss because the document you sign to enroll has nothing outlining this. HR went over it with me, but it's simply in a folder, not anything I would sign to enroll.

It's not about the money, premiums are very low, it'll still be cheaper than most employers insurance with taking say 3 weeks off a year.

Hoping to get some opinions before paying for a specialized attorney.

Jamie Engledow
  • 253 posts
  • 50 votes

Jamie Engledow
from Boca Raton, Florida

replied 8 months ago
I cannot offer you an answer on this one, but can say I have never seen or heard of such an arrangement! Hopefully an attorney on this sight will respond. Good luck!
Andrew Syrios
  • 5.1K posts
  • 2.2K votes

Andrew Syrios (Moderator) -
Residential Real Estate Investor from Kansas City, Missouri

replied 8 months ago

I have never heard of such a thing and it sounds sketchy. I would ask an attorney I guess.

Jerry W.
  • 3.6K posts
  • 3.1K votes

Jerry W. (Moderator) -
Investor from Thermopolis, Wyoming

replied 8 months ago

@Alan Fitzpatrick , I also have never heard of this.  The only place I would think that would be able to tell you is the labor board for your state.  I have no idea, and you will definitely rock the boat if you call them in, but this is something I have never heard of.  I suspect it will be controlled by wage and income rules, not insurance law, but cannot say for sure.  You might let us know how it turns out.

Dennis M.
  • 2.9K posts
  • 3.5K votes

Dennis M.
Rental Property Investor from Erie, pa

replied 8 months ago

I’m not seeing this as a big deal .ive never seen this before but Just make sure you work 40 hours . 40 hours is nothing in 7 days . you should easily be able to do that . No excuse to get less . With three weeks vacation a good payscale good insurance how can you complain about three dollars ? You say hire an attorney .. have you ever paid an attorney before ? They charge over 200$ an hour and it adds up quick . If you are still not satisfied with your employer you can always quit and go down the road to another place that pays less offers fewer benefits and doesn’t take out the three bucks fee .

Bob B.
  • 1.2K posts
  • 848 votes

Bob B.
Investor from Roswell, Georgia

replied 8 months ago

@Alan

@Alan Fitzpatrick I think the best thing is to ask your employer why they have this policy?  There is a reason they are doing it.  

Carl Fischer
  • 1.3K posts
  • 799 votes

Carl Fischer
Rental Property Investor from Ambler, PA

replied 8 months ago

@Alan Fitzpatrick

Ask your co workers. How long has the policy been in place. So many rules with employees and insurance. The last 10 years is ridiculous for employees and employers-just trying to be compliant with rules-nothing surprises me anymore. I am interested in what you find out. Please let us know. 

Alan Fitzpatrick
  • 44 posts
  • 16 votes

Alan Fitzpatrick
from Toledo, Ohio

replied 8 months ago

@Dennis M. 

I'm not worried about the money, everyone is set up hourly and you're not allowed to work over 40 hours. They pay 95%, it's much higher than most employers, but it just feels wrong.

Alan Fitzpatrick
  • 44 posts
  • 16 votes

Alan Fitzpatrick
from Toledo, Ohio

replied 8 months ago
Originally posted by @Carl Fischer :

@Alan Fitzpatrick

Ask your co workers. How long has the policy been in place. So many rules with employees and insurance. The last 10 years is ridiculous for employees and employers-just trying to be compliant with rules-nothing surprises me anymore. I am interested in what you find out. Please let us know. 

It appears to have started at the beginning of this year. The company was acquired by a much larger company who is self insured. I'm unsure if this is a policy for the company that acquired us, or only for us, and don't really have a way to find out. 

Alan Fitzpatrick
  • 44 posts
  • 16 votes

Alan Fitzpatrick
from Toledo, Ohio

replied 8 months ago
Originally posted by @Bob B. :

@Alan

@Alan Fitzpatrick I think the best thing is to ask your employer why they have this policy?  There is a reason they are doing it.  

 HR stated it was because "you're hired to work 40 hours"

Grant Rothenburger
  • 1.7K posts
  • 746 votes

Grant Rothenburger
Investor from Taylor Mill, KY

replied 8 months ago

@Alan Fitzpatrick I have never heard of anything like that. Talk to a lawyer

Alan Fitzpatrick
  • 44 posts
  • 16 votes

Alan Fitzpatrick
from Toledo, Ohio

replied 8 months ago

Ok, got some more information!

I talked to two of the higher ups, it's set up in a way that it's coupled with a $2 hourly "raise" that's set up as a separate payment for medical stuff? I'd still consider it a regular raise, but it's separated as far as payroll goes. 

As for the documents, nothing I sign says that I'm agreeing to the system. 

The company that acquired us set the system up, and the higher ups are going to send it to the legal team with my concerns. It'll probably take a bit to get back to us.

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