Legal Question in Civil Litigation in North Carolina

MY company has a health benefit that is called Biometric screening. The information from this screening is given to the employee and it also assists the employer in determining the health of the company�s employees resulting in changes in health care benefits. The employees are told that this is voluntary but if an employee does not participate the employer takes 20.00 dollars a pay period to offset health cost. My question is, can the company legally say something is voluntary and then turn around and charge the employee for not participating. Also, the privacy of the biometric screening is seen as information that the employer will potentially use to affect the employees health benefits.


Asked on 4/23/13, 4:37 am

1 Answer from Attorneys
Kenneth Love Ken Love Law

You should sit down with an employment attorney in your area for a consultation. Most likely this is legal. It really depends on how the employer administers the program. North Carolina is an at will work state, so remember that you can be terminates for any reason and suffer other punishments or adverse decisions for any reason as well...except for discrimination.

Here, if the program is voluntary and they give a "bonus" of $20.00 a pay period for those who participate, then it is completely legal. On the other hand, if they dock pay for not participating, that is also probably legal because unless you have a contract you are not guaranteed a certain pay rate and employers may even reduce it.

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Answered on 4/23/13, 5:08 am


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