Timing of Benefits Change Is Basis for Claim’s Strength
Q. My daughter, a recent college graduate, took a job at a new company and was promised health benefits after two months of employment.
Before that period was up, the company decided that health benefits would not apply until new employees had worked for three months.
During that third month, my daughter suffered a serious illness and now has about $40,000 in medical bills.
She is understandably reluctant to approach her company, but it seems the employer has some responsibility to help her with this bill.
How could she approach this problem without jeopardizing her employment?
--S.R., Huntington Beach
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A. Promises by a company are enforceable.
Sometimes, the challenge is proving that the promise was made.
It would help if the promise about the benefit was in writing. If it wasn’t, determine whether your daughter has other witnesses who could confirm the company’s promise.
Companies have the right to change policies after giving employees reasonable notice.
For example, an announcement to change this policy one day after your daughter was hired would be more reasonable and legal than changing the policy on the last day of the two-month period, or just after your daughter may have announced that she had some potential health problems.
The point is that your daughter relied upon their promises and may not have sought other appropriate medical coverage and is saddled with substantial medical bills as a result.
The timing of the notice may determine the strength of her case.
I would suggest that she itemize her bills and present her claims to her employer.
It appears that the company has a responsibility to pay some, if not all, of these medical bills.
Even though this may irritate her employer, the issue is well worth raising because of the amount of money involved.
--Don D. Sessions
Employee rights attorney
Mission Viejo
Verification Policy Will Determine Certification
Q. I have been on a disability leave of absence from a large company for many years because of epileptic seizures that prevent me from continuing my career as an engineer.
While working, I had signed up and paid for a long-term disability insurance policy arranged through the company.
As a result, I have been collecting disability insurance payments.
From time to time the insurance company sends a letter requesting a copy of my federal tax returns, threatening to stop the payments unless I comply.
Is the company violating any state or federal law by making such a request?
It seems like my tax returns are none of their business.
--A.T., Los Angeles
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A. The answer depends on your insurance company’s policy regarding obtaining verification of prior employment.
If the policy provides that the insurance company can view your tax returns, you probably have to comply.
If, however, there is nothing in the policy regarding your having to show tax returns, your insurance company probably is being unreasonable, and I would resist providing your tax returns.
--Michael A. Hood
Employment law attorney
Paul, Hastings, Janofsky & Walker
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If you have a question about an on-the-job situation, please mail it to Shop Talk, Los Angeles Times, P.O. Box 2008, Costa Mesa, CA 92626; dictate it to (714) 966-7873, or e-mail it to shoptalk@ latimes.com. Include your initials and hometown. The Shop Talk column is designed to answer questions of general interest. It should not be construed as legal advice. Recent Shop Talk columns are available at https://www.latimes.com/shoptalk.
