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Can an employer deny health care coverage to the common law…

Customer Question
Can an employer deny health...
Can an employer deny health care coverage to the common law spouse of an employee when the employee residesy in a state that recognizes common law marriage?
Submitted: 6 years ago.Category: Employment Law
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Answered in 2 minutes by:
3/2/2012
Employment Lawyer: Dimitry K., Esq., Attorney replied 6 years ago
Dimitry K., Esq.
Category: Employment Law
Satisfied Customers: 41,221
Experience: I provide employment and discrimination law advice in my own practice.
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Thank you for your question.

The answer is yes, provided the state where the employee works (and therefore the state that provides the benefits) does not recognize common law marriage. The issue is not where the employee resides, it is where he is employed since that is the state that would govern his unemployment claims, workers compensation, and workers benefits such as medical coverage.

Good luck.
Dimitry K., Esq.
Category: Employment Law
Satisfied Customers: 41,221
Experience: I provide employment and discrimination law advice in my own practice.
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Customer reply replied 6 years ago
We both work in a state that recognizes common law. What would you suggest as recourse?
Employment Lawyer: Dimitry K., Esq., Attorney replied 6 years ago
Thank you for your follow-up.

If at all possible, getting married rather than being in a common-law relationship would do the trick. Beyond that you would need to obtain employment with a new company in your state so as to cover that option. Finally, and most difficult, you can claim that your constitutional rights were violated by the company for failing to provide coverage that you are essentially entitled to, and ask that they set up a state specific coverage plan which would be out of your location and would permit you to be both covered under it.

Good luck.
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Customer reply replied 6 years ago
Thank you.
Employment Lawyer: Dimitry K., Esq., Attorney replied 6 years ago
You are most welcome and good luck to you!
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