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Dimitry K., Esq.
Dimitry K., Esq., Attorney
Category: Legal
Satisfied Customers: 37626
Experience:  Multiple jurisdictions, specialize in business/contract disputes, estate creation and administration.
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is an Alaskan employer required to offer health insurance or

Customer Question

is an Alaskan employer required to offer health insurance or waiver after 90 days and or full time employment?This includes privitized insurance.
Submitted: 1 year ago.
Category: Legal
Expert:  Dimitry K., Esq. replied 1 year ago.

Thank you for your question. Please permit me to assist you with your concerns.

Currently the Affordable Care Act (or "Obamacare" as it is also known) is still being implemented. There is as yet no binding regulation that requires health insurance to be provided to full-time employees. Once the Act is implemented in 2014, then large employers are required to either provide insurance options or pay a fine of up to $2,000 a year per non-covered employee, but that only begins starting next year. So far the employer is under no duty or obligation to provide this benefit to you UNLESS there is an agreement that you signed when you obtained employment where this benefit was expressly promised to you by the employer.

Customer: replied 1 year ago.
I was told i was full time and the paperwork i requested shows this i was also told that all full time employees will be provided with insurance.what can i do to get my paperwork before they stall any more to be outside of a claim period
Expert:  Dimitry K., Esq. replied 1 year ago.

David,

I appreciate your 'poor rating'. What specifically did I fail to address? My apologies but providing someone with health care is not yet a right, so unless you have a contractual agreement or obligation in place where the employer must grant you this benefit, the employer does not have to grant you insurance. Please review the link below:

http://laborcenter.berkeley.edu/healthpolicy/ppaca12.pdf

If you have an agreement that states that you are entitled to benefit, that is a different story. This turns this into a breach of an employment contract claim, since the employer is willfully denying a benefit or compensation that you are otherwise entitled to based on your own agreement. To compel action consider sending a certified letter to HR stating that they are in violation, and that if they fail to provide it, you will contact the state Dept of Labor and claim that the employer is in violation, or take them to court for breach of contract.

Good luck.

Customer: replied 1 year ago.
I do apologize sir i've already done those things with zero results .thank you for your time
Expert:  Dimitry K., Esq. replied 1 year ago.

David,

Not a problem. Have you contacted the Department of Labor? Have you filed against them in court?

Customer: replied 1 year ago.
My employer has the paperwork and knows it,this is why they won't release it because it proves fault they won't even give me the name or # XXXXX insurance co. this is a huge corporation and there great at redirection hoping i'll just go away
Expert:  Dimitry K., Esq. replied 1 year ago.

David,

Thank you for your follow-up. This is a situation that if they are 'hoping that it will go away', the better solution is to make this as loud as possible. Consider sending out emails to corporate offices in the main location, or seriously considering filing a grievance with the Department of Labor. I do not know if you have done the latter, but consider pursuing such an option because the moment the state gets involved and starts an investigation, the more difficult it becomes for the employer to justify denial, and it also increases their own visibility and their own potential expenses. The state can fine them for breach, and that is why pursuing such an option should be something that you should strongly consider.

Good luck.

Dimitry K., Esq., Attorney
Category: Legal
Satisfied Customers: 37626
Experience: Multiple jurisdictions, specialize in business/contract disputes, estate creation and administration.
Dimitry K., Esq. and 8 other Legal Specialists are ready to help you
Customer: replied 1 year ago.
Hello back to my origanal ? is an empoyer in state law required to at least offer primary health insurance for full time employees or after 90 days ? (Alaska)
Expert:  Dimitry K., Esq. replied 1 year ago.

Thank you for your follow-up, David.

I did not find any law as yet that requires an employer to offer primary health insurance for full time employees. Once the Affordable Health Care Act becomes implemented then full-time employees woud be entitled to such options or the employer could be fined, but that is not yet the law of the land.

Good luck.

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