Dispute with HR Department - Can I get fired for this?

[clayton940]

What is the name of your state (only U.S. law)? Pennsylvania

I have recently had a dispute with my HR department regarding benefits and life changes. During the discussion it became a debate because HR approved and submitted what I thought was a correct election. For me to later find out that it was not a correct election. However the system that we use allowed it.

The discussion become heated by mind you nothing threatening occured. Can I be fired because of this discussion?

After I had the discussion I had sent a letter to the VP of our HR department outlining everything that had occured and my concerns and begging them they they cover a dependent that needs to be covered.

Can I be fired over this?

I haven gone as far as send a letter to the person who I had the heated discucssion with thanking them for taking the time to talk with me and apologizing for any misdeeds on my part. I did this becacuse I am truly sorry if they were offended or put off for what had occured.

Thanks.....

 

[cbg]

CAN you be fired for this? Yes, because there is no law that prevents it.

Is it likely that you will be fired for this? No, most employers are not that petty. Some are, I grant you, but most are not.

FYI, Federal law determines when a dependent can be added to a health insurance policy, not the needs of the dependent.

 

[clayton940]

Thanks CBG I am by nature a paranoid person and feel that anyime I have offended someone I apologize.

Can you by chance lend some insight IRA Cafeteria law 125?

What caused the problem was that I had a life change that opened my enrollment up. And what occured was I added a new born plus my son (as his insurnace lapsed because of PA budgent constraints). I did this plus change my policy to one with a lower premium.

I am being told because of the IRS Cafeteria law that this change is invalid. And once I notified HR that my dependents were not covered which was contrary to the confirmation I received. I was told in a sense that the system was pretty much flawed and that the person that approved the change shouldn't have (but they did anyway) but the insurance company did not inact the change. Which spawned further conversation and debate regarding the use of an in house system vs. one managed by a 3rd party.

To make a long story short the plan administrator added my newborn and kept my plan but refused to do anything more. Pretty much stating that the IRS cafeteria law and HIPPA was on their side.

 

[cbg]

How long after the baby was born did you add him/her? How long after your son lost his coverage did you add him? How old was your son?

Adding the dependents may or may not be valid depending on your answers to these questions. Changing to the other plan almost certainly was not valid.

If you can answer the above questions we can go further.

 

[clayton940]

It was about a week after the baby was born and I filed a life change.

At that same time I added my son. He lost his insurance in July of this year. However when I had mentioned that part to our HR dept. During the conversation they said, that itself was a life change but I had to notify them within 30 days of the event. But our employee manual only states change of coverage for employee and spouse it doesn't mention dependents, so I assumed that it had to wait for an open enrollement period or some other qualifying life event.

 

[ecmst12]

ANY enrollment changes can ONLY take place within 30 days of the qualifying event. In this case, the qualifying event for the baby was birth, and for your son was losing his other coverage. Changes in the type of plan you select can ONLY happen during open enrollment. So it sounds like the only valid change you made was adding the baby. It's a shame that HR gave you confusing information. But they have to follow the law, there is no wiggle room, the 30 day window is absolutely iron clad.

 

[cbg]

Agree with the above post. The ONLY valid change you could have made was adding the baby. Any other changes would have to wait until either open enrollment since you missed the window for one, and never did have a window for the change of plan.

 

[Adalaide78]

I learned the very hard and very expensive way that regardless of what you are told you can not change your health plan outside open enrollment. As stated if you wanted your son enrolled because he lost his other coverage that had to take place within 30 days of that. The only thing you should have been allowed to do was add your baby withing 1 month of birth. If the only thing that happened was adding your newborn to your existing plan everything is as it should be.

Oh, and because I was told that I would be able to change my plan mid-year if there were a qualifying event I had some very heated conversations with HR, both in person, on site and our off-site people over the phone. I didn't get fired for any of it, nor do I have reason to believe they ever considered firing me.