Complete Labor Law Poster for $24.95
from www.LaborLawCenter.com, includes
State, Federal, & OSHA posting requirements

Announcement

Collapse
No announcement yet.

Can an employer decide NOT to pay health insurance? on just one employee California

Collapse
This topic is closed.
X
X
 
  • Filter
  • Time
  • Show
Clear All
new posts

  • Can an employer decide NOT to pay health insurance? on just one employee California

    Can an employer with 80-120 people decide to not pay certain employee's (or take them away) health insurance benefits????

  • #2
    Your question is way too vague. Care to provide the circumstances?
    I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

    Comment


    • #3
      shoosh its a long story....

      I was told that my employment status was going to be changed to an independent contractor - only earning commission... that I would have to pay my own phone bills, office expenses (taxes , although the employer is now saying they didn't say I would have to pay my own taxes???) but they also said I would not receive employee benefits... that I would have to get my own health insurance. Only me, not any of their other employees that are in my position.

      I am assuming they do not have to offer anyone health insurance and they can be picky about who the offer health insurance too....

      Comment


      • #4
        The big elephant in the room is do you meet the qualifications for independent contractor status? Although, if they are deducting taxes, they almost certainly are treating you as an employee.
        http://www.irs.gov/newsroom/article/...173423,00.html

        What industry and what exactly do you do?
        Last edited by Pattymd; 01-22-2009, 11:04 AM.
        I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

        Comment


        • #5
          They are a manufacturing Company... providing manufactured products Nationally.

          I was employed as a sales person. There are three others in this position. One was forced into an IC-commission only 6 mos ago (he also has another job so that he can survive and they leave him alone for the most part), 2 stayed as salaried plus commission employees and then I was recently forced into what I was told was an IC commission only position - (but they kept having me fill out employee control reports and then fired me completely when I questioned why I was filling out employee reports) ---- it seems like they are back tracking and are now saying they were actually making me a 100% commission - "employee", with no benefits and I was to pay my expenses.

          Earlier this month when they told me I was to be an IC, though my notes from our original meeting they told me I was going to be an IC, like the other IC and that I had to pay taxes.... now they are saying they didnt say that, but they admit they told me that they were taking away my benefits. I think they finally consulted an atty because their tune seems to be changing??

          Comment


          • #6
            Did you read the link I provided about whether your job duties even meet the criteria for IC status?
            I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

            Comment


            • #7
              Yes, I am sorry.... according to that - how I see it I was really still an employee.

              Comment

              The LaborLawTalk.com forum is intended for informational use only and should not be relied upon and is not a substitute for legal advice. The information contained on LaborLawTalk.com are opinions and suggestions of members and is not a representation of the opinions of LaborLawTalk.com. LaborLawTalk.com does not warrant or vouch for the accuracy, completeness or usefulness of any postings or the qualifications of any person responding. Please consult a legal expert or seek the services of an attorney in your area for more accuracy on your specific situation.
              Working...
              X