Legal Question in Employment Law in California
For over three years I was enrolled in my employer's health insurance plan which includes a small employer's contribution "as part of the benefits package". Now I have become eligible for Medicare so I cancelled the health plan. I am the first to reach age 65 at our small company. The employer has withdrawn the contribution. Does this action constitute age discrimination?
1 Answer from Attorneys
No. If the employer offered a car allowance and you lost your license and had to sell your car would it be age discrimination to cancel paying you for a car you don't have? If your employer offered tuition credits for job related college classes, and you stopped taking classes, would they still have to pay you a tuition credit? Benefits are not pay. If you choose not to avail yourself of the benefits for whatever reason, then that is your problem. Your employer is under no obligation to pay you the cash equivalent.