Legal? Wife's new job. Insurance related.

The #1 community for Gun Owners in Texas

Member Benefits:

  • Fewer Ads!
  • Discuss all aspects of firearm ownership
  • Discuss anti-gun legislation
  • Buy, sell, and trade in the classified section
  • Chat with Local gun shops, ranges, trainers & other businesses
  • Discover free outdoor shooting areas
  • View up to date on firearm-related events
  • Share photos & video with other members
  • ...and so much more!
  • DMC

    Active Member
    Rating - 0%
    0   0   0
    Nov 17, 2009
    474
    1
    Navasota
    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!
     

    itchin

    TGT Addict
    BANNED!!!
    Rating - 100%
    4   0   0
    Jul 15, 2011
    7,071
    31
    Corpus Christi, Texas
    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

    Sarcasm Sensei
    Emeritus - "Texas Proud"
    Rating - 100%
    5   0   0
    Jan 15, 2012
    4,117
    66
    Waco-ish
    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

    TGT Addict
    Rating - 0%
    0   0   0
    Jan 24, 2011
    6,624
    31
    Grid 0409
    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

    TGT Addict
    Rating - 0%
    0   0   0
    Dec 12, 2011
    3,906
    46
    Corpus christi
    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

    TGT Addict
    Lifetime Member
    Rating - 100%
    2   0   0
    May 25, 2009
    4,231
    96
    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

    Active Member
    Rating - 100%
    1   0   0
    Jan 2, 2014
    351
    1
    Cradle of Liberty, TX
    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)
     
    Last edited:

    DMC

    Active Member
    Rating - 0%
    0   0   0
    Nov 17, 2009
    474
    1
    Navasota
    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

    Active Member
    Rating - 0%
    0   0   0
    Nov 17, 2009
    474
    1
    Navasota
    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
     
    Top Bottom