• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

Is this legal, do I have any recourse?

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

kra4833

Junior Member
What is the name of your state?FL

I started a job on Nov 1, 2004. My position was for 32 hours a week. I was told that they considered anything over 30 hrs Full-Time, so I would be eligible for benefits, that I would start accruing time off from day 1, but could not use it until after my 90 day probationary period, plus the option of medical/dental/vision insurance after 90 days. Earlier this month I tried to use a sick day and I was told that I have no time accrued. I started inquiring about medical insurance in January, because I was not given any enrollment forms to fill out, etc. Approximately Feb 15th I was told by the owner he was planning on changing companies for medical insurance and that he would add me after he had changed March 1st. I was not too happy considering I didn't think it was his decision to make. March 1st came and went, no form. Finally after seeing a co-worker entering in everyone's BCBS info, I went to the owner and basically got the run-around. A few days later I finally got an enrollment form, still no insurance. An employee came to work 2 days after having a severe respiratory infection and I caught it and came down with pneumonia. I was out nearly 2 weeks. I had 2 dr's notes, 1 from the hospital. When I came back to work, I was asked to sign a "contract" basically demoting my hours to 3 days a week and to PT, basically so they wouldn't have to pay me any benefits. I feel as if I'm owed my Paid Time Off I accrued and also if I had gotten my medical insurance as of Feb. 1st, I wouldn't have had to pay everything I had to pay @ 100% out of pocket because I had no insurance. Do I have any recourse with the Florida Labor Laws, since this is a benefits issue? Also can they just cut back my hours as punishment for being sick? They also told me at that time I accrued no paid time off as now they claim that FT employment is 33 hours or more. I don't know what to do. Please help me if you can. :confused:
 


cbg

I'm a Northern Girl
No, you do not have any recourse under Florida labor laws. Nothing in the law of Florida (or any other state except Hawaii), requires your employer to provide you with health insurance.

However, you may have some recourse under the Federal ERISA, which (VERY briefly and simplified to the max) says that, while an employer is not required to provide health insurance, if the employer chooses to do so, all employees who meet the standard of eligibility as set in the plan document, must be given access to that plan.

PLEASE do not ask me for a link to where it says that. ERISA is an enormously large and bulky regulation, and what I have given you is the essence, boiled down. There is no possible way I can point you to something you can print out and give to your employer.

Instead, I suggest you simply call the Federal DOL and report the violation. I don't have the phone number handy but when Beth comes by later, I believe she does.
 

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top