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Can a company prevent use of benefits, such as medical, life…

Customer Question
Can a company prevent...

Can a company prevent use of benefits, such as medical, life insurance, etc while an employee is on unpaid suspension, in my case, for one day?

Lawyer's Assistant: Have you documented this or discussed it with HR?

No. i was called by my supervisor to not come in Saturday, but that HR will make a determination of continued employment by this Monday or Tuesday. i was given no written or verbal warning of the suspension previous to the call.

Lawyer's Assistant: Is the employment agreement "at will," union, full time or part time?

I am full time, and OK is a right to work state, i believe

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

Mainly, just if i still have my benefits while suspended

Submitted: 4 months ago.Category: Employment Law
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Answered in 6 minutes by:
12/4/2017
Employment Lawyer: Infolawyer, Lawyer replied 4 months ago
Infolawyer
Infolawyer, Lawyer
Category: Employment Law
Satisfied Customers: 60,937
Experience: Licensed attorney helping employers and employees.
Verified
Benefits amount to a wage and cannot be interferes with. To block such right company has to have a firm and published policy. Please let me know if the reply is acceptable by responding “yes” or “acceptable”
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Customer reply replied 4 months ago
i have no idea if the company has a published policy concerning my question.
Employment Lawyer: Loren, Lawyer replied 4 months ago
Loren
Loren, Lawyer
Category: Employment Law
Satisfied Customers: 37,339
Experience: More than 30 years in legal practice.
Verified
I notice you have opted out the prior Expert.
Different Expert here.
The answer is that suspension is legal and they can suspend benefits as well. However, there are 2 areas I see as potential exposure.
First, if they have suspended other employees and not included suspension of benefits, it could be grounds for a Title VII complaint to the EEOC.
Second, a temporary termination of benefits could trigger COBRA and ERISA notice requirements and subject the company to liability for failure to comply.If (and only if) you are completely satisfied that your question is answered, please remember to leave a favorable rating (click 5 stars in the rating section on this page). It is the only way that I am credited by JustAnswer for answering your question.
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Loren
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Category: Employment Law
Satisfied Customers: 37,339
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The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

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