[dolphin]

Dh has been with this company for 90 days as of last week. This is not counting the 2 weeks he worked for them and then got laid off or the 2 prior years he worked for them when they didn't have health insurance.

Now they have health insurance. No one said anything about it last week so dh told them he wanted the insurance yesterday. He was told by one of the owners (the bookkeeper) that they were thinking of canceling their insurance plan because they don't have much money/jobs coming in. There are already other members of the company on the plan and one even has a pregnant wife!

Dh was so shocked and this was at quitting time that he didn't really argue, just got real upset. I told him that it sounded like they were discreminating (sp) against his bad health but he says other employee's have worse health than he does and are also waiting for their insurance to kick in or to be enrolled.

I just don't see how they can refuse him when they HAVE an Insurance Plan and a 90 day requirement, which he has met.

The company doesn't have much work and they are barely keeping their employees working and dh could be laid off any day but, then if he was already on their insurance plan he would be eligible for COBRA, right? Even paying for COBRA for a year would be less than another $20,000.00 hospital bill like 2 years ago.

Does anyone know what stand dh can take if they refuse him insurance again today? I'll update when he gets home and I find out what they said to him today.

 

[dolphin]

:cheese: Just bumping this up. Perhaps I put it in the wrong forum?

Does anyone have any thoughts on dh's insurance problem?

He didn't get to see his boss yesterday. :vamp:

 

[FrugalWitch]

I wish I knew. Every place DH and I ever worked had a 1 year employment requirement before insurance started.

The only wild guess I can make is that maybe it's 90 actual worked days and not just 90 calendar days. (does that make sense?) Does his employee benefit book say that the health insurance is automatic, without taking a physical exam? Does it say anything about pre-existing conditions?

Good luck and keep us posted.

 

[Iansmommy]

I agree, I would have him read the employee policy. I would think that if they are offering insurance to some employees they have to offer it to all as long as he has bet the requirements. Being a smaller company there may be different laws.

Alot of insurances won't cover pre-existing conditions if you have had a lapse in coverage.

Good Luck!!

 

[Jeanna]

Every state has different insurance laws. I would call someone in legal aid and get them to tell me the state law requirement. I would say they are required to offer it to everyone but I would get the laws before I went before them with a complaint. Just my opinion.

 

[dolphin]

Thank you so much for your replys:

Dh has met all requirements to be eligible for the health insurance. The company does not have an employee benefits package. They have no benefits other than this insurance plan that they put into effect several months ago.

The problem dh is having is there are 3 owners of the company, all family. The one who handles the money simply told dh that he didn't think the company could keep affording the insurance so they may be dropping it soon so he is holding off signing dh onto the company insurance plan. From what he told dh, it has nothing to do with his health, just money. But, I still see it as discremination since dh is the only one who is eligible at this time and they won't offer it to him.

Dh is having an inward battle with himself on having to dispute and argue his right to be put on the insurance because the housing market is so bad that each day he wonders and is aware that he could be laid off so it's kine of like if he says anything about how he is being wronged, they may get ticked off and just lay him off the job so that he will no longer have a job and will also not have the right to the insurance benefit.

It's so distressing and is causing dh more stress than he needs. He's already had 3 small strokes and needs to not get upset. :box:

 

[LuvMyHubby]

Family run companies can be a blessing or not so much.

I don't know if what they are doing is illegal but it certainly is disgusting.

He should make sure he has a copy of an employee manual and document date and time of any discussion of talk about insurance particularly if it seems as though they are stringing him along and are not intending to discontinue insurance benefits for all of its employees.

At least then if you hubby decides that he is truly getting the short end of the stick and wants to find out if he can persue it, he will have documentations.

Big Hugs and best of luck.

 

[luv-my-lexi]

Sorry nothing to offer but :hugz:. Hope it works out for your family. :hugz:

 

[Missy]

Good luck with this. I have no idea what to say.

We found out that DH"s company had discntinued the health insurance when I was in the hospital miscarrying in 2001. Nice, huh?

 

[JanieD]

I have a limited understanding of this complicated issue & offer this information only to point you in a helpful direction. This is a difficult subject since many states have varies guidelines & rules concerning health insurance. You mentioned Cobra which is Federal Law. My understanding (not 100% sure) is, if your employer no longer offers health insurance, Cobra is terminated early or wouldn't be available. Take a look at www.dol.gov/ebsa

Health insurance can be cancelled at anytime by employer (my understanding for my state). If the employer is having financial difficulties, cutting employee benefits could happen as a way to cut costs. Your State may have rules requiring notice before cancelling coverage/benefits or other type guidelines to protect employees. As far as the employer trying to deny coverage to new employees. If you have something in writing (employee handbook, etc) or if your state has guidelines, then you may have grounds to presue the discrimination issue. Most state have some type on Insurance Board (can't think of exact name) that you can contact in reguards to employer denying coverage or they could possible answer other questions.

Hope this helps, but keep in mind my understanding could be way off base with your situation. Best of luck!

 

[BetterLateThanNever]

YOu should try you county department of jobs and family services. They won't be able to help but should direct you to the proper state office for help.

Also the number of employees a company has will determine if they have to follow state laws regarding benefits and employment. In OHio I think it's like 5 or less employees and you don't have to offer insurance, pay into unemployment etc.

I"m sorry you are going through this. I've not had health insurance for the past 6 years and things have been okay. You can get finacial help if you go to a community hospital (not a privately owned) Sorry this doesn't help right now but keep in mind if needed for the future.

 

[Frugal Nurse]

I was going to say what Jane said. Good thing I read it so as not to repeat it.

http://www.healthinsurance.org/nevada/
here is the website that might help you .

Is it illegal? I suspect it is in the way of discrimination.

If an insurance policy is available at 90 days and he wants to enroll and they refuse hime... and only him- he has a case.

Read here for Nevada's discrimination law.
http://www.workplacefairness.org/generaldisc


If his employer feels the need to terminate him for his discrimination claim- here is the law that protects the whistleblower. The laws are feel serious about workplace bullies.
http://www.workplacefairness.org/retaliation

May I suggest you consult a lawyer before you attempt these things at home?

A consult is free. Ask him what you should do. Ask him what his fee will be if you should encounter a problem.
I know it's financially tight- but an ounce of prevention is worth a pound of cure. Hiring an attorney to write a $100 letter might prove to be very fruitful. Attorney's are gifted in writing a persuasive letters.

You have the right. Exercise it

I do believe that the employer has the right to cancel the insurance policy- but it HAS to be across the board and it HAS to include the owners as well. It can't be.. 'we have insurance for the 3 owners our family- but our employees don't have it'


Goodness gracious. Good luck.

 

[dolphin]

Thanks so much EVERYONE! :flowers:

Dh didn't talk to them again today because they old him there is no work for tomorrow and they are not sure if there is any on Friday. "Ugh!"

I'll check out the links and the information you all provided. Dh is in perfect health except for those mini strokes which left his left side numb, not paralyzed, but numb feeling. He can still work but he wears out easier and well, there just aren't any other electrical companies here in town to work for. It's getting bad. 2 years ago we had 5 companies here in town, now there are 3 and 2 of them are very bad.

 

[dolphin]

Oh Missy, what an aweful time to find out you no longer have insurance. doff:

 

[coffeechick]

You could also try calling your state's department of labor or the attorney general's office. They have the ultimate say in a lot of insurance matters. Also, the DoL would know about discrimination policies. I'm neck deep in insurance issues, and so I've gotten fairly knowledgeable about such things.

 

[dolphin]

Thank you so much for the information CC! Dh isn't getting much work right now so he's still putting off fighting this since he is not getting to work fulltime.

I hope that YOUR insurance problem is resolved soon. Hugs and thanks for thinking of me. Carolyn:chug: