Jeffrey S. Ashendorf's Answers

Employee hired as part time now working full time hours without benefits, employee's right to receive benefits NY employment law

Check into the benefit plan terms, by getting the summary plan descriptions (SPDs), but it sounds as if you would be entitled to your benefits. For some benefits (health, life insurance, disability, etc.), the employer can define the eligible group in almost any way it wants -- "full time" = 50 hours per week, or whatever. For other benefits (pension, profit sharing/401(k), etc.) there are legal standards that have to be met. If the question is simply one of service, then 1000 hours paid...

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Was I wrongfully denied payment of accrued sick leave?

You said that the EIB is for full-time employees; if what you neant was that that only full-time employees can use accrued time, then it seems as if you could be "caught." You need to know the specific terms of the leave plan, however. For example, does the fact that you were full-time when you went on leave mean that you are considered "full-time" throughout the leave period, and are therefore entitled to the coverage? You should consult a local (GA) attorney regarding that, and regarding (1)...

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Can a company without the authoriziation of the Union just stop paying into a employee retirement plan.

The most likely reason for stopping contributions is if the collective bargaining agreement expired (the contributions are usually required by the terms of the CBA). If so, the union is probably negotiating a new agreement -- maybe there are some problems, maybe it's just a matter of time. But I would think that the union would be happy to tell you that. It's also possible that the company stopped contributing because they are in financial trouble and can't afford the contributions. If that is...

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If I am a resident of NY can I work in CT?

Sure. Unless you are talking about a job that has a residency requirement of some kind -- sometimes local governments require workers to reside in the city, county, etc. -- but those are not very common.

How many hours do you have to work to get full health benefits

Depends on the company's plan. Or collective bargaining agreement (if you're union). Or whatever else the employer might have that prescrbes the eligibility conditions for coverage. There is no special requirement.

Can an employer change an employees health insurance contribution without employee's authorization in NY state

No. But are you sure that there is in fact no authorization? The employee could have authorized, for example, "$50 per paycheck, or such greater amount as might be required in order to maintain the selected coverage", or in some other way authorized a change.

Can an employer deny health insurance benefits to an employee if the spouse does not contribute enough to thier health benefits?

An employee can be denied benefits if required payments are not made -- it doesn't really matter who fails to make them. Although, I think it is very unusual for a non-employee spouse to have to pay for the coverage of the employee-spouse; how is that even done? Or are you referring to you not paying for your own insurance somewhere else? Your wife can certainly be denied family coverage, for example, if you are eligible for but not purchasing your own employer's coverage. (Not always done,...

Lookin for a lawyer that specializes in employee benefits

Not that it really makes a difference to you, but the IRS does not terminate the plan -- if anything, the company is waiting for the IRS to approve the termination of the plan. This is not uncommon, and distributions that are being made because of the termination will normally be held up pending that approval. Unfortunately, a year is not an especially long wait for such an approval. Knowing nothing about the plan or the situation, I can't tell you what a reasonable period would be. If you...

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If my 401K plan states that my ex won't get paid until I am can she have a QDRO say otherwise?

Actually, the answer depends on facts that you do not provide -- especially, your age and what the plan provides. In general, a QDRO cannot give her something that you are not entitled to get from the plan, either in terms of the amount of a benefit, the time of payment, or any other feature. However, the order can give her a distribution when you would be eligible for a distribution if you terminated employment (probably anytime, in this type of plan), or your 55th birthday if later. So, if...

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COBRA Enrollment?

what kind of concern would you have? Are you talking about being responsible for paying premiums? If the COBRA election that you "made" (that was made for you) was for coverage for you alone, and you don't want the coverage, then just don't pay for it -- it'll be cancelled. If the election was for family coverage, and the forgery was your signature as an enrolled dependent (you would not have been making that election), and you don't want to be covered, then just don't submit claims. I won't...

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