Can I be denied Health Insurance??

[fishersmess]

What is the name of your state? Tennessee

I have a unique situation and don't know if anything can be done about it or not.

I have worked for the same company for 22 years. The first 19 was 40 plus hours (salary employee) with full benefits including health insurance. Then the son-in law started harassing me pretty bad and I went to half hours to reduce the stress and put my health insurance with my wife. He lightened up on me after that and everything seemed ok. I was still salary because I made the same if I worked 15 hours as if I worked 35 hours. I got to keep all my other benefits with the exception of health insurance.

Then a few months ago my wife's health insurance skyrocked and it hit our marriage pretty hard. We were at divorce stage. So to relieve the stress on my wife, I asked to come back full time with insurance. The president told me in his word's " Bill, I ought not tell you this but I am, I don't want you back on our health insurance. I am diabetic and he said I was one of the reasons their insurance went up so much.

Well from that point on I made sure I taped all of our conversations. They brought me back as a full time salaried employee but denied me access to the insurance. He only gave me the amount of money my wife's insurance premiums were and after you take income tax out it still does not pay the bills. So with over 200 employees I am the only one denied insurance. I know of three other diabetics in the company that have company insurance. It sure feels like I am being punished for having diabetes. I have all of the conversations on tape with me saying" not being allowed to get the insurance" and they never disagree with my statement but go into a spill about how much insurance costs a company.

This has not helped my marriage or my health. Do I have any grounds to complain? If I do I know they would let me go and I can't afford not having a job. It sure seems unfair to me. The state is Tennessee. Any advice or info would be appreciated.

thanks,

Bill

 

[Beth3]

Do I have any grounds to complain? Yes. It's virtually impossible to imagine you don't meet the definition of an eligible employee [for participation] in the group health Plan Document, which probably reads something like "all full-time employees regularly working 40 hours per week." The exact wording may vary but it's probably something very close to that.

If you are being denied participation in violation of the Plan Document, that is a violation of federal ERISA regulations and you may file a complaint with the Department of Labor who have oversight on these matters. 202-693-4650.

 

[fishersmess]

If I complain, I would loose my job

If I contacted them and my employer was forced to offer me insurance I know they would find a way to fire me. On top of that I have to work hands on with the people that are doing this to me so can you imagine the work environment I would be placed in. I am in a real catch 22. If my wife divorces me I will be in the cold on health insurance and that has come up more than once lately. This situation has ruined my life.
Thanks for the info.

By the way, we have over 175 employees in two classes. 1. salaried (which I am in) 2. Hourly Both classes are offered insurance at their expense with hourly employee's having to pay more. I don't even have a chance to participate and they have lots of people in worse condition than me on their plan. I am the only one ever to not be allowed to participate.

thanks

 

[Beth3]

Retaliation for making a good faith complaint to the DOL or any government agency is prohibited.

There's nothing else anyone here can tell you. Either you do nothing and run the risk of having no health insurance or exert your legal rights and file a complaint with the DOL.