Benefits?

[Nat]

I work in a restaurant in Austin, TX.

I wasn't sure what forum this subject would apply to.

I have been working for this company for almost 4 years. For 3 and 1/2 years I have been receiving benefits (health, dental, vision, 401K) for working full time.

Last year, they started posting notices saying you must work an average of 25 hours per week to retain you full time status and benefits. This has never been a problem for me. Sometimes I am not able to work full time because I work in the theater world and when I am working on a production it prevents me from working at the restaurant. This has never been an issue and I've always retained full time status.

Well, today I tried setting up an appointment with my eye doctor and found out that I no longer have benefits. My business manager says that I was put on part time status because of the amount of hours I have been working. In my defense, I was sick for part of January so I missed some days. Also, I am available full time hours but my department head has not been scheduling me appropriately. It has been slow as well, so I have not always been able to work a full shift as I am getting "cut". At a full store meeting back in november, they said that cuts during slow times would be considered as far as full time benefits is concerned, so I wasn't worried.

Shouldn't I have been notified that they were taking my benefits away? I don't think it's right for me to find out by trying to make an appointment. What if I had had to go to the emergency room today? I would have felt assured I had insurance (which I don't!)
The only "notification" they have up is occasionally they hang a poster saying you have to work 25hours/week to receive benefits.
Shouldn't they have at least said "Hey Nat, you haven't been working 25 hours/week so we are cutting your benefits!"?

 

[cbg]

Morally? Of course they should.

Legally? That's a tougher call. You knew that you had to be working an average of 25 hours a week to keep your benefits. You knew that you'd been out sick and that you'd had your hours cut several times. (BTW, that is NOT illegal. I know you didn't ask that but just for clarification's sake.) You had all the information available to figure it out for yourself. On the other hand, they had said that the weeks your hours were cut would be taken into consideration; also, any time benefits are " based on average" hours, it makes me nervous because the average can vary depending on how many weeks are being averaged together. (No, it's not illegal - it's just bad practice). Finally, there are some states that do require a certain amount of notice; it's just been so long since I had employees in Texas that I can't remember if they are one of those states or not.

My suggestion would be that you check with the TX Insurance Commission as to the notice issue. They will be able to tell you if they were required to give you any advance notice or not.

 

[Nat]

thanks

You're right, I did know, but it had never been an issue before. I figured it was probably all legal. It just really leaves a bad taste in my mouth, especially since I've been a good employee for 4 years. I will check with the Texas Insurance Commision.

 

[Nat]

I can't find info on the TX Insurance Commission. Does anyone know if they have a website?

 

[cbg]

They may not be called that. Every state has one but they don't all call them the same thing. I'll see if my insurance broker knows.

 

[Nat]

I had to go through some links but I think I found it.
http://www.tdi.state.tx.us/index.html
There is lots of info it seems, and I don't really know how to find an answer to my question there, but I will call the help hotline and see what they say.
Thanks for your help!