Am I entitled to received employee benefits as a full time employee in state of CA
San Francisco, CA
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Posted about 1 year ago in Employee Benefits
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Benefit from My employer:
I wanted to knwo if i am a full time employee at a security company do they need to offer me benefits or not. Also what are the laws around that.
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Answers (1)John Vincent Tucker
This attorney is licensed in Florida.
Posted about 1 year ago.
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The federal ERISA law covers your situation. ERISA stands for the Employee Retirement Income Security Act, a law passed in 1974 to federalize the regulation of all employee benefits for private employers (church and government employees are covered by their state's laws).
The answer to your question is that you are entitled to any benefits that anyone else in your class of employees is entitled to receive. You would determine this from the plan booklets that describe any benefit plans, such as disability insurance, health insurance, life insurance, 401k, pension, etc. Essentially, it is like your first grade teacher taught you: if they have to do it for one employee, then they have to do it for everyone....if they are in the same class. What does "same class" mean? Well, they could have one class for management and another for everyone else for example. Just because you are full time does not mean you automatically get benefits. An employer does not have to offer benefits to anyone. There is no law that requires them to have a health plan or any other kind of insurance or pension plan. However, if they choose to offer it, they generally have to make it available to everyone. You should ask your employer's Human Resources office what kind of benefit plans are available. If they offer any, ask for copies of the "summary plan description" for each plan. The summary will tell you the rules of the road about who is eligible. One thing you may want to check out is how they define "full time" in the summary and compare it to your situation. They may require more hours or work in a particular location to be covered. If they give you the runaround, call a lawyer that handles employee benefits or ERISA claims. There are several in the San Francisco bay area that can help you. Good luck!
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