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socrateaser, Lawyer
Category: Legal
Satisfied Customers: 38259
Experience:  Retired (mostly)
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I was the Third Party Administrator Taft-Hartley

Customer Question

I was the Third Party Administrator for a Taft-Hartley health and welfare plan and a defined contribution plan. The Trust funds are now refusing to pay may final service contract invoices for general services and all of the associated transition costs. Their attorney states that it will be reviewed for payment at their next meeting on June 14th which would make the payment two months late. I was a small business, yes I am now out of business as a result of them moving the contract and find it tough adding more costs to collect what is owed to my company. Is this a DOL item by the nature that these Trust Funds are DOL governed or is this David vs. Goliath.
Thank you,
Mark Wheir
Submitted: 9 months ago.
Category: Legal
Expert:  socrateaser replied 9 months ago.
Hello, In order for you to obtain assistance from the U.S. DOL, you would have to be classified as an employee of the trust fund. Otherwise, you are an independent contractor, and your recourse would be to sue the fund for breach of contract. You may actually be a misclassified employee. Whether or not you actually are depends on how both the IRS, and Washington Department of Labor and Industries defines employee. To obtain an IRS determination of your employment status, you can file a Form SS-8. To determine if you are an employee under Washington law would require a careful review of your actual job duties, as well as a survey of Washington appellate court case law. This sort of review is beyond the scope of anything that can be provided at Justanswer, because it is a bona fide legal service, and Justanswer, LLC is not a law firm. If you are interested in such a review, please let me know and I will send you a premium services invitation, and we can discuss the matter offline (n.b.: customary legal services fees will apply). If not, then I hope I've answered your question. Please let me know if you require further clarification. And, please provide a positive feedback rating for my answer (click 3, 4 or 5 stars) -- otherwise, I receive nothing for my efforts in your behalf.Thanks again for using Justanswer!
Expert:  socrateaser replied 9 months ago.
Hello again,I see that you have reviewed my answer, but that you have not provided a rating. Do you need any further clarification concerning my answer, or is everything satisfactory?If you need further clarification, concerning this matter, please feel free to ask. If not, I would greatly appreciate a positive feedback rating for my answer (click 3, 4 or 5 stars) – otherwise, I receive nothing for my efforts in your behalf.Thanks again for using Justanswer!