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John
John, Employment Lawyer
Category: Employment Law
Satisfied Customers: 5391
Experience:  Exclusively practice labor and employment law.
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When you first get a job ain,t they supposed to tell you

Customer Question

when you first get a job ain,t they supposed to tell you about your benefits and 401k plans?
JA: Because employment law varies from place to place, can you tell me what state this is in?
Customer: N.C.
JA: Is the employment agreement "at will," union, full time or part time?
Customer: PARTTIME BUT GETTING MORE HOURS THAN PARTTIME I HAVE MADE 50 HOURS AT ONE TIME
JA: Anything else you want the lawyer to know before I connect you?
Customer: THE MAIN REASON I ASKED THAT QUESTION IS I AM DISABLE ALSO PLUS ONE OF THE MANGERS STRESSED ME TO THE POINT I HAD A STROKE
Submitted: 4 months ago.
Category: Employment Law
Expert:  John replied 4 months ago.

Yes, when employees become eligible for benefits, ERISA requires that the plan provide you at least a summary plan description for the plan benefits. In a case like yours, you probably qualified for benefits because of your hours, but because you were called "part-time" it didn't occur to anyone to get you those plans or tell you about the eligibility you have. The bad news is that you in all likelihood are going to have to get a lawyer and sue them to get these benefits at this point, because they're not just going to pay them out to you when you point this out; they'll contest this.

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Expert:  John replied 4 months ago.

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