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Category: Tax
Satisfied Customers: 12679
Experience:  Law Degree, specialization in Tax Law and Corporate Law, CFP and MBA, Providing Financial & Tax advice since 1986
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I have an ACA act (Obamacare) question. I work company

Customer Question

I have an ACA act (Obamacare) question. I work for a company who has thousands of employees. I'm a COMMISSION ONLY, W2 employee. Is my company BY LAW mandated to provide me with health insurance? If so - and I'm not producing enough business to where their portion of the health insurance cost makes sense they have two choices - they keep paying it or fire me. Is that correct. Please bear in mind that I'm not a salaried or hourly paid employee but commission-only. Thanks.
Submitted: 2 years ago.
Category: Tax
Expert:  Lane replied 2 years ago.
.Hi,,You're ESSENTIALLY right, HOWEVER....They cannot fire you to escape paying the premiums. This is built into ACA just as is covering pre-existing conditions. The thrust of ACA IS getting everyone covered..But the company (as they have been doing for years) will make the case that they are fiining you soe some OTHER reason, a production issue, a general cutback (that's one area where the additional costs created by the plan MIGHT be allowable because there would be no singular disrimination ... this would likely happen to a whole class of employees ... where the company makes the case that providing this coverage would put them out of business ALTHOUGH there have already been political argument that this should be passed through to the customer in product price) or some OTHER issue..Going forward, your best tool will be to make the case that you have been singled out, that this is discrimination (disparate treatment) based -if it is- on one of the protected classes OR to ake the case that others with low production are NOT being fired (if that turns out to be the fact pattern).But, yes your intuition is good, in YOUR situation, this is something you may want to be prepared for. But again the CAUSE cannot be production UNLESS that's already writtten into your contract..Lane.
Expert:  Lane replied 2 years ago.
Please let me know if you have questions ....Lane. I this has helped I'd appreciate a positive rating … (by clicking – or touching on - the stars or smileys on your screen) - That's the ONLY way I can be credited for the work here. ... but, again, let me know if you need more here..
Customer: replied 2 years ago.

Thanks. Are they REQUIRED to provide me with health insurance or is that optional? Apparently they offer all employees health insurance after 90 days of employment and the employee can choose to take it or not

Expert:  Lane replied 2 years ago.
Yes, at that Size they are required. There are transition rules in place for really small Companies but yours IS required
Expert:  Lane replied 2 years ago.
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