Legal Question in Employment Law in Missouri
I was told I'd recieve Money if opted out of Benefit then denied.
The company I work for offers insurance and pays completely for my part. When I began working I could either take the insurance (health) or OPT out of it and then I'd recieve $109 a month extra in my paycheck to make up for the benefit if we already had insurance elsewhere! They wrote down what I was getting paid and it was poor but then showed me a larger amount and said if we added the insurance and all the other benefits we get that is really what we'd be making an hour. I have now got coverage through my husbands work and opt out of ours. They have now told me that as of Jan 1, 2003 they still give the other workers who opted out before Jan 1, 2003, but anyone who opts out after Jan 1, 2003 will NOT recieve the 109 dollars in their paycheck. Is this legal?
1 Answer from Attorneys
Re: I was told I'd recieve Money if opted out of Benefit then denied.
When did they notify employees of the change in policy? Prior to Jan 1, 2003? If so, I do not see a problem with the change in policy assuming you are an employee-at-will (you don't have a signed employment contract). As such, you are free to quit your job and go elsewhere if you don't like the benefits offered. If there is some evidence of ulterior motives regarding the change in policy then perhaps it could be argued that the company's conduct was improper. However, your post contained no facts to suggest the company did anything illegal.