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2 Answers | Asked in Employment Law for Illinois on
Q: Workers' Compensation Insurance -deduction from paycheck.

I am working for some company as subcontractor, 1099 tax form. An employer collects from each of my paycheck 6.55% money, arguing that he needs to pay Worker Compensation Insurance. If I refuse, I lose my job. Is his action lawful?

Michael Bartolic
Michael Bartolic answered on Jun 9, 2011

I did a brief amount of research, and according to some consultants, yes, the action is likely lawful. If you do not carry your own Worker's Comp insurance, the employer may treat you as a direct employee for purposes of the Worker's Comp insurance.

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1 Answer | Asked in Employment Law and Foreclosure for Indiana on
Q: Can you get your Indiana Carpenters Annuity Fund (not pension), during hard times? We are about to lose our house!

We NEED that money and they said to write a letter of hardship and it would be brought up at the quarterly meeting. We did just that and we paid $18.00 to send it priority, they signed for it and DIDN'T bring it up at the quarterly meeting!!!! This may have been our last chance before our house... Read more »

Michael Bartolic
Michael Bartolic answered on May 16, 2011

While the Internal Revenue Code does permit, in order to maintain tax-qualified status, some plans to allow for certain hardship distributions (e.g., 401(k) plans), it is unusual for a defined benefit or annuity-type plan to provide for such distributions. If this plan so provides, whether or not... Read more »

1 Answer | Asked in Employment Law for Illinois on
Q: My Employer terminated my Health Insurance/Related Benefits after I returned from an unpaid FMLA.

I went on FMLA leave in November 2010, and returned February 2011. The time was completely unpaid, and I was unable to make my insurance premiums for that time period. I contacted our HR department by phone, and was told that my benefits would be suspended for non-payment after an elapsed time... Read more »

Michael Bartolic
Michael Bartolic answered on May 16, 2011

Generally, while on FMLA leave, an employee will either have to continue making insurance premium payments by check, or will retroactively pay the premiums for the period of FMLA leave upon return. It sounds like upon your return, only prospective premium payments began being deducted again.... Read more »

1 Answer | Asked in Employment Law for Illinois on
Q: My company has filed for bankrupcy turns out they have not payed my benefits package for 6 months what can i due
Michael Bartolic
Michael Bartolic answered on May 16, 2011

It depends, in part upon what type of benefits package, and in part whether there was any type of plan termination prior to the bankruptcy. The typical case arises where the employer stops paying health insurance premiums, but retains the employee pay witholdings, or the same with respect to... Read more »

1 Answer | Asked in Employment Law for Illinois on
Q: Can you still work after receiving your pension from teamsters 705 with a non union company
Michael Bartolic
Michael Bartolic answered on May 16, 2011

The answer to this question truly depends on what the plan document says. Some multi-employer retirement plans require the participant not work in the same industry at all anymore upon commencement of retirement benefits. If the summary plan description does not discuss this, you will need to... Read more »

1 Answer | Asked in Employment Law for Illinois on
Q: How can I find my mom's pension after a company merger?

Mom worked for Servus Rubber which was bought out by Norcross Safety and finally Honeywell which is closing her plant. No one seems to know where the pension she's been earning for the last 30 years has gone. She has no documentation because she had a fire a few years ago and lost everything.

Michael Bartolic
Michael Bartolic answered on May 16, 2011

Your mom can submit a written request to the Plan Administrator, which is likely Honeywell, requesting various plan documents. Also, every plan must file annual reports with the Department of Labor which provides key information about the employee benefit plan. If she is eligible for retirement... Read more »

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