more info on Health Insurance not provided as promised...

[Hey it's Me]

What is the name of your state (only U.S. law)? NY

My soon-to-be Husband (wedding is June 21st 2009) was hired at a post production ad facility and after one month the market crashed (Sept 2008). Needless to say his promised Salary was cut, and now they are telling him he missed a window of opportunity to get health insurance and he is not eligible until November 2009, which means, he will not be insured for over a year working at a job that promised him many things they are not providing. He just found out there are NO personal days and only 10 sick days allotted. Not to mention he is required to work late nights.

Is there anything here that is not kosher? what does one do if so.

Thanks
me

 

[ecmst12]

He had 30 days from the date he became eligible for coverage to complete his enrollment. If he did not do so, he now has to wait until open enrollment. That is not the company, that is federal law and there is no way around it.

 

[Hey it's Me]

Thanks for the info, i had I realized that, but he did NOT and was not informed properly. The insurance broker insisted they sent a letter and was very nasty on the phone when we insisted it never came and that sometimes USPS is not reliable.
Also, what about the sick days, personal days, etc....

 

[pattytx]

Also, what about the sick days, personal days, etc....

What about them?

 

[Antigone*]

Thanks for the info, i had I realized that, but he did NOT and was not informed properly. The insurance broker insisted they sent a letter and was very nasty on the phone when we insisted it never came and that sometimes USPS is not reliable.
Also, what about the sick days, personal days, etc....

Sick days, PTO days, etc are not required by law.

 

[Beth3]

What is the name of your state (only U.S. law)? NY

My soon-to-be Husband (wedding is June 21st 2009) was hired at a post production ad facility and after one month the market crashed (Sept 2008). Needless to say his promised Salary was cut, and now they are telling him he missed a window of opportunity to get health insurance and he is not eligible until November 2009, which means, he will not be insured for over a year working at a job that promised him many things they are not providing. He just found out there are NO personal days and only 10 sick days allotted. Not to mention he is required to work late nights.

Is there anything here that is not kosher? what does one do if so.

Thanks
me

What does "missed the window of opportunity" mean? Does that mean he wasn't working a sufficient number of hours to be eligible? Or does it mean he was given enrollment papers and didn't return them timely? Something else?

No laws require an employer to provide personal or sick days. ONLY ten sick days??? Ten sick days is quite generous.

 

[ecmst12]

It doesn't matter WHY he missed the enrollment window. It doesn't matter if he missed it due to his own fault or due to someone else's. It's a FEDERAL LAW. The law says 30 days or open enrollment, no exceptions. That is all there is to it.

I agree, 10 sick days is more then I've gotten at my last several jobs. Unless you mean sick OR vacation in one bank. In that case, 10 days is light. But since no law requires any paid time off be offered to anyone, it's still legal.

 

[Hey it's Me]

What does "missed the window of opportunity" mean? Does that mean he wasn't working a sufficient number of hours to be eligible? Or does it mean he was given enrollment papers and didn't return them timely? Something else?

No laws require an employer to provide personal or sick days. ONLY ten sick days??? Ten sick days is quite generous.

he was not provided with enrollment papers or notice of the due date, yet, they insist he received something in the mail. For this reason he missed the date.

His vacation time is separate from his sick and personal days. NO personal days, only sick days. My job gives us a sick day per month, hence 12 sick days and 3 personal days a year plus 1.66 vacation days a month. It just seems somewhat unfair his office should be so un generous.

 

[ecmst12]

Your company is very generous with sick and vacation time. It is more typical for only 5 sick days to be offered to a new employee when sick time is separate from vacation time.

 

[pattytx]

"Unfair" is not a legal issue. If he had a bona fide employment contract stating what time off entitlements he would get, then he gets them or it is a breach of contract. Otherwise, I'm not sure what you want us to tell you.

Oh, and you really don't want to get the answer to

As for the "helpful" person responding with a comment about how my soon to be husband should be worried...how old are you?

 

[Hey it's Me]

Actually, if I knew what the exact legalities of employment were, I would not be posting on this site to receive the humiliating and insulting remarks I consistently experience when I come here to seek "help" which is what I was under the impression the premise of this site is, a place to get "help and advice"; hence it is called "freeadvice.com".
My experience here makes me believe it should be called "freeadvice-in-exchange-impatience-and/or-insults.com".

However, fortunately there seems to be a few of "you" out there who are above that...
so in response to your question, perhaps I use "unfair" loosely, yes, I believe this is a breach of contract, seeing he was hired under the premise he was to be paid a certain salary and given a certain amount of benefits that they are not providing. He has no proof that the health coverage letters did not arrive causing him to miss the window of opp for health coverage, so we are not sure what he can do at this point....
thanks

 

[eerelations]

If he was promised this stuff in writing and sues them in court, he will probably win. He will probably also get fired for suing - and this would be legal.

If he was promised this stuff verbally and sues them in court, he won't win (as the courts give verbal contracts exactly the same weight as the paper they're printed on) - and he will probably still be fired. (And that will still be legal.)

Companies are under no legal obligation to provide their employees with the same benefits their STB wives receive at other companies.

 

[Hey it's Me]

If he was promised this stuff in writing and sues them in court, he will probably win. He will probably also get fired for suing - and this would be legal.

If he was promised this stuff verbally and sues them in court, he won't win (as the courts give verbal contracts exactly the same weight as the paper they're printed on) - and he will probably still be fired. (And that will still be legal.)

Companies are under no legal obligation to provide their employees with the same benefits their STB wives receive at other companies.

Thanks for the info....and hahahaha, look how funny you all can be.....why not see if you all can start your own comedy act, cause condescending is just hilarious according to all of you...