Get free answers to your legal questions from lawyers in your area.
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?
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.
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... View More 
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... View More
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... View More
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.... View More
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... View More
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... View More
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.
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... View More
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
