replaced by someone w/o need for health coverage

[smr6777]

I'm in PA. Can an employer fire someone and replace him/her with someone who is already covered by the health policy of his/her spouse, thereby avoiding the need to pay the health care premium for that person?

 

[Beth3]

What would be unlawful is firing an employee because he elected to participate in a benefit for which he is eligible. Firing someone and the replacement employee happening not to need the employer's health insurance is perfectly lawful though.

 

[smr6777]

illegal under ERISA? sec 1140?

 

[Beth3]

Federal ERISA reg's.

 

[cbg]

Are you suggesting that the SOLE reason the first person was fired and the second hired was to avoid the health insurance premium?

 

[Gadfly]

Why were you fired?

 

[smr6777]

yes, that's what I'm suggesting.

 

[mlane58]

Do you have any proof or is this just a feeling or perception on your part?

 

[Sockeye]

Are you suggesting that the SOLE reason the first person was fired and the second hired was to avoid the health insurance premium?

If that is the reason, than that is one lousy company.

 

[cbg]

I want to hear the answer to mlane's question before I comment further.