employer excluded me from new group plan

Florida

To make a short story long -

Here is the scenario:

A small company has no insurance plan for its employees, which is the
one thing a prospective employee was hoping for when seeking employment,
and is told that the company is trying to put a group plan together.

Employee takes the job and hopes for the best.

8 months later the employer announces they are hooking up with
Vista HealthPlan - needs minimum of 5 employees to make a group.

He hands the employee a directory of participating doctors and no other
info other than an application.

Claims to have researched plans for months and this is the best:

no co-pays
no prescription costs
no problem with preexisting conditions (even though application has bold
disclaimer regarding preexisting conditions)

Says the rates are about to go up 20% must sign up now. Plans to include
spouse (who has coverage through SS disability Medicare and Humana.
Omits child. Has payroll deduction figure of $600+ but employee can't
fathom if that is per pay period, per month, if that is his share or if
1/2 is his share. Or what the figures would be w/o the spouse and with
the child. Employer has no answers to any specific questions.)

Employee says "Without full details and understanding of coverage, I
can't sign up for this"

Employer throws a fit and storms off saying "You were the 5th person!
After all I do to put this together, you p*ss on me, you p*ss on me" (his exact words) and
disappears into his office

Employee wanders off muttering "What the he!! was that?"

A few weeks later the employee learns that the company hooked up with
Blue cross/Blue shield, offered it to other employees, but not this one,
Employer even signed for one of the employees who had the day off when
papers needed signing, without getting prior consent.

None of the 5 participating employees currently have a clue as to their coverage or what it will cost them. 2 employees opted not to take the plan. And the one employee was never even told of or offered the new plan.

The ins. company rec'd signed acceptances or refusals from all employees except one. (confirmed)

Thanks for reading all that. Yes, that employee is me.

My belief is that, while the company is not required to provide
insurance benefits, they cross a legal line once they do form a group.
Participation must be offered evenly across the employee population.
Papers must be signed - accepted or refused - by all employees. Am I wrong?

I am a full time employee of 8 months (longer than some now on the plan), so its not a matter of not being eligible.

To date the employer has not responded to my inquiries as to why I was excluded.

I am at a loss as to how to deal with this. Suggestions???

My belief is that, while the company is not required to provide
insurance benefits, they cross a legal line once they do form a group.
Participation must be offered evenly across the employee population.

Not exactly. It is legal to offer benefits only to certain classes of employees. For example, it is legal to offer benefits ONLY to full time employees, or ONLY to employees in the office (as opposed to the shop) or ONLY to employees who have been with the company for a year. However, once the eligible classes are established, all employees within that class must be offered the insurance.

Without knowing exactly what the eligibility requirements are for this particular policy, it is impossible to say whether or not the employer is violating any laws by excluding you.

No classes

Thank you for your reply.

There are no established classes, other than full time, for eligibility.

I was offered the first plan. Nothing about my position changed during the interim between the first and second plan being offered.

An insurance plan being forthcoming was one of the contingencies of my taking the job.

Another issue is the lack of information being given - the details of the plan - thosed that signed on have already had pay deducted and still have no idea how to use their insurance. I believe that is a requirement that the employer is not meeting.

cbg said:

My belief is that, while the company is not required to provide
insurance benefits, they cross a legal line once they do form a group.
Participation must be offered evenly across the employee population.

Not exactly. It is legal to offer benefits only to certain classes of employees. For example, it is legal to offer benefits ONLY to full time employees, or ONLY to employees in the office (as opposed to the shop) or ONLY to employees who have been with the company for a year. However, once the eligible classes are established, all employees within that class must be offered the insurance.

Without knowing exactly what the eligibility requirements are for this particular policy, it is impossible to say whether or not the employer is violating any laws by excluding you.

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