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I have an employee that has been on workers compensation…

Good morning, I have...

Good morning, I have an employee that has been on workers compensation leave since June. I offer health insurance as a benefit paying 50% of premiums. Employee pays 50% and is deducted from paycheck. May I legally terminate this employees insurance due to lack of payment?

Lawyer's Assistant: Have you discussed this workers' compensation issue with your HR staff? Or with a lawyer?

No

Lawyer's Assistant: Is your employee "at will?" Does the employee belong to a union?

No union, at will employee. I am a small electrical contracting biz

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

I do not plan on having him come back to work. I just want to stop paying $300 each month for a person not performing work

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Answered in 1 minute by:
12/29/2017
Infolawyer
Infolawyer, Lawyer
Category: Employment Law
Satisfied Customers: 61,668
Experience: Licensed attorney helping employers and employees.
Verified
You may but to avoid a claim of retaliation or discrimination there should be a paper record of your alerting the employee of the need to cover the costs and a final deadline for compliance.Please let me know if the reply is acceptable by responding “yes” or “acceptable”Please select the 5 star (*****) rating on your page for the answer. Happy Holidays!
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Customer reply replied 4 months ago
Can I make the written request to him that to keep insurance offered as a benefit he will need to pay the FULL amount with a deadline?
No, continue to treat the same to avoid a claim of discrimination.
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I hope my replies are clear and helpful. Please let me know.
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Customer reply replied 4 months ago
asking him to pay his portion would not be discrimination? I need to continue to pay 50% and a written notice requesting him to pay current and past premiums?
Correct.
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Make sure to keep a copy of the notice for your records.
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Please select the 5 star (*****) rating on your page for the answer. Happy Holidays!
Infolawyer
Infolawyer, Lawyer
Category: Employment Law
Satisfied Customers: 61,668
Experience: Licensed attorney helping employers and employees.
Verified
Infolawyer and 87 other Employment Law Specialists are ready to help you
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Infolawyer
Infolawyer
Infolawyer, Lawyer
Category: Employment Law
Satisfied Customers: 61,668
61,668 Satisfied Customers
Experience: Licensed attorney helping employers and employees.

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