Can my employer deny me health benefits?
Full Question:
Answer:
I am prohibited from giving a legal opinion. The nature of the relationship is a determination made on a case-by-case basis after taking all the facts and circumstances into account. Independent contractors receive a 1099-MISC <http://www.finweb.com/taxes/the-1099-family.html> form from each business they deal with showing the amount of money paid to them for their services. Generally, the more control an employer has over the way the job is performed, the more likely it is that an employee relationship will be found.
Some of the facts used to determine the type of relationship include:
-Written contracts describing the relationship the of business or hold himself out to perform similar services -Whether or not the business provides the worker with employee-type benefits, such as insurance, a pension plan, vacation pay, or sick pay. -The extent to which services performed by worker are a key aspect of the regular business -The permanency of the relationship
Title I of the Americans With Disabilities Act requires that an employer with at least 25 employees must provide the same health insurance options to all employees — whether or not they are people with disabilities. An employer cannot deny insurance to an employee with a disability, refuse to hire an applicant with a disability, or fire an existing employee for fear that future health insurance costs will increase.
Employers are given flexibility in determining a probationary period or waiting period for newly hired employees. Often, during the probationary period, a new employee is not eligible for benefits.
