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-   -   Health insurance for last 4 years (https://immigrationvoice.org/forum/forum106-non-immigrant-visa/97314-health-insurance-for-last-4-years.html)

rbalup 06-29-2009 06:00 PM

Health insurance for last 4 years
 
Today my employer mentioned that they were not deducting health insurance from my paychecks from the time I joined the company about 4 yrs now. They are asking me the pay it now for the last four years gradually going forward.

Is it legal for the employer to do so?
If they haven't deducted health insurance earlier wouldn't it be considered as a benefit to the employee.
How do I respond to such a situation. I am not looking to strain the relationship with my employer. Please advice.

Thanks in advance.

nousername 06-29-2009 06:33 PM

1. Check your offer letter
2. Check your employee handbook or some other document from HR
3. Check with your co-workers about the companies insurance policy.

If this is a mom-pop run operation then negotiate. Don't fight.. Worst case get DOL involved..

To best of my knowledge there is no law that forces the employer to give health insurance for free. This seems to be an admin error so the employer should take care of it.. You are not at any fault.

Quote:

Originally Posted by rbalup (Post 420997)
Today my employer mentioned that they were not deducting health insurance from my paychecks from the time I joined the company about 4 yrs now. They are asking me the pay it now for the last four years gradually going forward.

Is it legal for the employer to do so?
If they haven't deducted health insurance earlier wouldn't it be considered as a benefit to the employee.
How do I respond to such a situation. I am not looking to strain the relationship with my employer. Please advice.

Thanks in advance.


martinvisalaw 06-30-2009 12:35 PM

Quote:

Originally Posted by rbalup (Post 420997)
Today my employer mentioned that they were not deducting health insurance from my paychecks from the time I joined the company about 4 yrs now. They are asking me the pay it now for the last four years gradually going forward.

Is it legal for the employer to do so?
If they haven't deducted health insurance earlier wouldn't it be considered as a benefit to the employee.
How do I respond to such a situation. I am not looking to strain the relationship with my employer. Please advice.

Thanks in advance.

If you are in H-1B status, the employer signed an LCA agreeing to provide the same benefits to you as to other employees. If they violated the obligations on the LCA, you can complain to Department of Labor. Of course, this might jeopardize your job.

I don't know why the company wants you to pay health insurance for the past 4 years, if they haven't been paying it. Why would you pay for past coverage that might never have existed?

rbalup 06-30-2009 02:03 PM

Thanks for the response. The employer didn't deduct for the health insurance provided from the pay checks. In that case would it be considered as a benefit to the employee. Is it legal for employer to ask employee to pay for the past benefit.

snathan 06-30-2009 05:35 PM

Quote:

Originally Posted by rbalup (Post 426366)
Thanks for the response. The employer didn't deduct for the health insurance provided from the pay checks. In that case would it be considered as a benefit to the employee. Is it legal for employer to ask employee to pay for the past benefit.

If its admin error, they might ask you to pay. I am not aware of any law in this regard. The best option for you to sort it out smoothly since the job market is not good.

martinvisalaw 06-30-2009 05:59 PM

Quote:

Originally Posted by rbalup (Post 426366)
Thanks for the response. The employer didn't deduct for the health insurance provided from the pay checks. In that case would it be considered as a benefit to the employee. Is it legal for employer to ask employee to pay for the past benefit.

You should check on this with an employment attorney locally. For immigration purposes, if there is an LCA, you cannot be treated less favorably than other workers. Without knowing what other workers get, I cannot say if there is a claim under the LCA.


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