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I should have received benefits - Virginia

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  • I should have received benefits - Virginia

    To make a long story short, my company has treated me as an hourly, non-benefited employee. I was told by my boss that was my status over 2 years ago.

    I just learned that I should have been treated as a salaried, benefited employee.

    The company is retroactively giving me vacation pay and holiday pay.

    However, there is no credit for sick leave, but even more important I missed a GREAT benefit...70% of my health insurance would have been covered by the company.

    In my opinion, I think I should somehow get that benefit...My two ideas to get that benefit

    1) Get the cash value of the benefit
    2) Give me the next two years of this benefit by paying the 70% of my health insurance.

    The reason I say for the next 2 years is because I will be leaving the company at the end of March.

    Please advise!

  • #2
    Why do you think you should have been treated as a salaried benefitted employee? Employers are free to determine who is eligible for benefits and who isn't. Your employer can not retroactively sign you up for health insurance going back two years. It doesn't work that way.

    You also would not be able to retain the insurance for 2 years beyond your employment accordingto 99% of the insurance plans out there. At most you could try and negotiate that they cover your COBRA forthe 18 months that you are entitled. However, since you are leaving their employ, you have very little leverage to negotiate for this and your employer has even less incentive to agree.
    I post with the full knowledge and support of my employer, though the opinions rendered are my own and not necessarily representative of their position. In other words, I'm a free agent.

    Comment


    • #3
      The reason why I should be treated as a salaried benefited employee?

      Because I HAVE BEEN for the past two years, but my boss screwed up, along with HR and payroll.

      Basically, someone put in a wrong code into the computer 2 years ago that said I was non-benefited and hourly. That was a mistake they are now rectifying...I am getting most of my benefits applied retroactively, except my health insurance, which should have been offered to me 2 years ago!

      Comment


      • #4
        No point in getting testy, dusty00. Your original post was very vague.

        I was just wondering, though. Would you have had to pay a portion of the insurance premiums? If so, you didn't question that they weren't being withheld from your pay?
        I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

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        • #5
          I'm not getting test

          Anyhoo

          Yes, I would be paying 30%.

          As far as questioning why nothing was witheld, there was nothing to withold -- Because two years ago I was not offered health insurance, when I should have been. So now I was told by my boss I should have been gettting that benefit.

          I just want that benefit now if I should have been given that benefit. To me, it seems like some form of discrimination if they don't attempt to reconcile what I should have been getting.

          I will be meeting with HR tomorrow to discuss. My employer is a large non-profit organization that do great things for the community. It isn't in their nature for them to 'screw' people. But we will see what happens.

          Comment


          • #6
            I'm curious as well why you waited 2 years until you were ready to quit before trying to remedy the situation.

            If misclassifying you resulted in your employer violating their plan document and denying you coverage, there is some remedy under ERISA. However, if they were treating you as an hourly non-benefitted employee and this class of employees is not eligible for health benefits, then it is unlikely that they violated their plan document. It doesn't matter if they could have classified you differently.
            I post with the full knowledge and support of my employer, though the opinions rendered are my own and not necessarily representative of their position. In other words, I'm a free agent.

            Comment


            • #7
              Originally posted by ElleMD
              I'm curious as well why you waited 2 years until you were ready to quit before trying to remedy the situation.

              If misclassifying you resulted in your employer violating their plan document and denying you coverage, there is some remedy under ERISA. However, if they were treating you as an hourly non-benefitted employee and this class of employees is not eligible for health benefits, then it is unlikely that they violated their plan document. It doesn't matter if they could have classified you differently.
              I just found out on Friday from the director I was misclassified. This is all brand new!

              I 'm just saying - They are taking steps to give me what is due (vacation and holiday pay) but not my health benefits. I mean, this is a pretty big deal...Health paid 70% over 2 years? I couldn't afford it on my own and have no insurance now. I would have been all over this benefit.

              Well, if there is nothing in the law that says I should be given this benefit, somehow, retroactively, I would hope that ethics kicks in!

              Comment


              • #8
                It is ALWAYS legal to treat someone as non-exempt, even if they qualify to be exempt.

                In order to succeed in any kind of legal action, there would need to be supportable evidence that they knowingly and deliberately classified you incorrectly SPECIFICALLY FOR THE PURPOSE of denying you benefits.

                Edited to include:

                I was posting the same time you were. They can legally give you retroactive sick pay and vacation. While they can give you health insurance going forward, there is NO WAY they can give you retroactive health coverage. That is not within their control. I cannot even imagine circumstances in which the health insurance carrier would agree to that.
                The above answer, whatever it is, assumes that no legally binding and enforceable contract or CBA says otherwise. If it does, then the terms of the contract or CBA apply.

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                • #9
                  I was told there was no value for sick leave.

                  What about 401k? They have contributed to my 401K for about 50% of the time I should have been getting contributions...

                  Comment


                  • #10
                    Dusty, they don't HAVE to go back and correct this retroactively at all. It is very difficult to make adjustments to 401k's retroactively because of the pre-tax status. They appear to be doing everything in their power to correct this mistake; I suggest you not press your luck.
                    The above answer, whatever it is, assumes that no legally binding and enforceable contract or CBA says otherwise. If it does, then the terms of the contract or CBA apply.

                    Comment


                    • #11
                      oh, ok.

                      i should just not even care about getting what has been due to me...especially when i was already seriously underpaid by working at a non-profit where benefits make a big difference...even though i worked without complaint because i believed in the cause...oh well...

                      Comment


                      • #12
                        I am new here, and maybe I should not say this, but Dusty, sorry you, as well as many others are disappointed by the answers you get. However, it is not the fault of whomever answers you. Piss them off and maybe they won't be here next time you (or I!) need them!
                        (geez...had to say it.)

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                        • #13
                          Andrea, thank you for your kind support. But I wasn't offended by Dusty's answer - I understand why he/she is upset. I just don't think it's going to help Dusty's cause to push his/her employer for more retroactive benefits than the employer is willing or able to provide. My response wasn't because I was upset - it was because I didn't want Dusty to hurt his/her cause by by upsetting an employer who genuinely appears to be trying to make amends for the error as best they can. Some things are simply limited in how far back they can go.

                          I hope you'll both come back with whatever questions you may have.
                          The above answer, whatever it is, assumes that no legally binding and enforceable contract or CBA says otherwise. If it does, then the terms of the contract or CBA apply.

                          Comment


                          • #14
                            I wasn't trying to piss anyone off...Just was frustrated with the employer...I'm happy though....Had a meeting with HR, and they will offer cash for the missed health care and 401K.

                            Comment

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