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  #1 (permalink)  
Old 06-29-2009, 06:00 PM
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Default 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.
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  #2 (permalink)  
Old 06-29-2009, 06:33 PM
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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 View Post
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.
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Reference: Have introduced few friends to IV.
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  #3 (permalink)  
Old 06-30-2009, 12:35 PM
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Quote:
Originally Posted by rbalup View Post
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?
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Toll-free phone: 1-866-318-8813
emartin@martinvisalaw.com
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This message does not create an attorney-client relationship if we have not both signed an engagement letter. This message discusses general legal questions and other matters. It should not be used or relied on by anyone as legal advice.
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  #4 (permalink)  
Old 06-30-2009, 02:03 PM
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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.
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  #5 (permalink)  
Old 06-30-2009, 05:35 PM
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Quote:
Originally Posted by rbalup View Post
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.
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  #6 (permalink)  
Old 06-30-2009, 05:59 PM
US Immigration Attorney
Law Office of Elaine Martin
6333 E. Mockingbird Ln Ste 147-910
Dallas, Texas-75214
http://www.martinvisalaw.com
Thank the Attorney if this post is helpful
Join Date: Jun 2009
Posts: 464
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Quote:
Originally Posted by rbalup View Post
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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Elaine Martin
Law Office of Elaine Martin
Phone: (214) 329-4148
Toll-free phone: 1-866-318-8813
emartin@martinvisalaw.com
www.martinvisalaw.com
www.martinvisalaw.blogspot.com
Dedicated exclusively to immigration law since 1997

This message does not create an attorney-client relationship if we have not both signed an engagement letter. This message discusses general legal questions and other matters. It should not be used or relied on by anyone as legal advice.
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