Employment Law

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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: 63,619
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 7 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 7 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: 63,619
Experience: Licensed attorney helping employers and employees.
Verified
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DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

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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