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Legal? Wife's new job. Insurance related.

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  • DMC

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    Howdy all,

    You guys and gals are good with this kind of stuff so I need some advice. I'll try to keep it short but give you the details.

    My wife accepted a new job offer about a week ago with a small company, she put in two weeks notice with her old job. Her new employer does not offer health insurance, so they agreed on a slightly higher salary since my wife would use my insurance or get her own (she may need her own as my position at my current job is questionable).

    She is supposed to start her new job Monday. Her new employer has contacted her and wants to pay her original asking salary and directly pay her insurance premium. She would pay the premium for her on my insurance or her own policy if she needs it due to my situation.

    My question is, is the new employer in for trouble for directly paying for my wife's insurance without offering the same deal to the rest of the new companies employes?

    Thanks in advance!
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    itchin

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    Lol. Probably some law out there in 0bamacare. I'd be pissed if they changed up the compensation after agreed upon. It shouldn't be illegal to pay someones insurance under another policy. But it sure is douchbag to change it up after working out a deal.
     

    mitchntx

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    I don't know if it's trouble under labor laws, but it sounds like the new employer is trying to get around paying Payroll and Social security taxes.
     

    shortround

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    No. You and your wife are in trouble if you willfully engage in an insurance scam set up by your wife's employer.

    It was smart of you to ask the question.

    Call the Texas Insurance Commission.

    I am not an attorney, nor have I ever stayed at Holiday Inn Express.
     

    stdreb27

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    I don't know the implication of obamacare. But I'm going to assume this is a tiny employer with <50 people.

    I personally would be quite willing to do something along those lines. But I'd go out and try to buy something private for your wife. Then get her company to agree to covering rate hikes. It makes a world of sense. And puts the onus on them to pay. (Assuming you were actually going to buy the insurance)
     

    F350-6

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    You're in a gray area here. I wouldn't worry about being hit for an insurance scam, but technically, the employer is not supposed to offer health insurance to only certain employees without offering it to others. An employer is allowed to offer money as part of a compensation package though, so if your wife negotiated a salary of x number of dollars per year and a bonus of y number of dollars, and the y number of dollars amount happened to cover the cost of insurance, then it would technically be legal. If the employer then sent a 1099 for the cash bonus, there would be no penalty on their part since they did not skirt any tax laws. The additional funds from the 1099 will be something you and your wife will have to pay taxes on, and depending on the income level, some self employed social security tax as well. Be sure that the additional tax liability on your end is negotiated into the compensation amount.

    (I did stay at a holiday in express :) )
     

    Gunns0902

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    You're in a gray area here. I wouldn't worry about being hit for an insurance scam, but technically, the employer is not supposed to offer health insurance to only certain employees without offering it to others. An employer is allowed to offer money as part of a compensation package though, so if your wife negotiated a salary of x number of dollars per year and a bonus of y number of dollars, and the y number of dollars amount happened to cover the cost of insurance, then it would technically be legal. If the employer then sent a 1099 for the cash bonus, there would be no penalty on their part since they did not skirt any tax laws. The additional funds from the 1099 will be something you and your wife will have to pay taxes on, and depending on the income level, some self employed social security tax as well. Be sure that the additional tax liability on your end is negotiated into the compensation amount.

    (I did stay at a holiday in express :) )

    Thats not quite right. While it is true, that they may not discriminate, and due to such laws most companies just give everyone the same thing, you can technically offer whatever you want to whomever you want. Just like offering one guy $11 an hour and another guy $12. It is supposed to be based on her value to the company. Her new employer is in no trouble for anything....unless they are doing it because she is white... Then yes, they are asking for a law suit.

    Experience: 2 years as a Licensed Life,Health, and Accident Insurance Agent. 9 Months Financial Rep. (Much Tougher Exam)

    What makes you say they are offering her something different,than everyone else?(OP)
     
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    DMC

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    How is that a scam? My wife's company pays her premium.
    Sure, but they most likely pay all of their employee's premiums, not just one employee. Thats why I am asking, my wife will be the only person in a company of at least nine employees having her insurance paid of by the company.
     

    DMC

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    Hey guys! This is dmc's wife…totally concerned…can anyone give me a direct link to the "new" law pertaining to this issue??? Thanks
     

    Byrd666

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    Not sure with Obummercare. What I do know is that the small design and manufacturing firm I worked, there was not a set pay scale or "perk" scale. And after I went back to work for the same guy for the third time, as a design firm only, my pay scale and "perk" scale was set by me. With negotiations between us, of course. And my insurance requirements were very specific for me. So my insurance package, pay, per diem, and travel expenses, and reimbursement were a bit different from the other guys in my office. And when I asked a friend of mine, real familiar with Texas and federal labor laws, previous to the hiring negotiations, if I, or the employer was/were doing anything illegal, and she said it is very common to have different pay and benefit packages for multiple employees in a company in the "same" position.

    So, as said before, unless you and or your wife, or the employer are going to be "running" an insurance scam, ya'll should be okay.

    Last go 'round was less than 10 people. First go 'round was less than 100. Second go 'round was less than 50.
     

    F350-6

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    Thats not quite right. While it is true, that they may not discriminate, and due to such laws most companies just give everyone the same thing, you can technically offer whatever you want to whomever you want. Just like offering one guy $11 an hour and another guy $12. It is supposed to be based on her value to the company. Her new employer is in no trouble for anything....unless they are doing it because she is white... Then yes, they are asking for a law suit.

    Experience: 2 years as a Licensed Life,Health, and Accident Insurance Agent. 9 Months Financial Rep. (Much Tougher Exam)

    That's definitely getting way into the gray area in my opinion. From what I know and remember the law states the employer must make it equally accessible to all full time employees. A quick google search shows it still appears to be the same. Small Employer Health Insurance

    Wages and healthcare options are two different things. It was that way even before obamacare.
     

    Gunns0902

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    It's kind of a non issue to employees anyway. So DMC, your in the clear, even if your wife's employer does this wrong. If you want it explained in greater detail PM me and will give you my contact info so you can stop by the office. Ill even give you copies of my credentials.


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    F350-6

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    Equally accessible and equal coverage are not interchangeable terms. The CEO rarely has similar coverage to the hourlys.
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    Agreed, but good coverage and no coverage aren't even in the same ballpark. I took the thread to mean she would get insurance when others do not. Perhaps I was wrong and should quit assuming things.
     

    Gunns0902

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    True. If the other employees (w2) don't get anything the employer would be in the wrong. That's why I asked earlier why they thought none of the other employees have any coverage. But the employee wouldn't be in trouble since they can't effect the decision to purchase correct coverage.


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