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Employee Benefits

Employee benefits are non-wage forms of compensation provided in addition to the basic payment such as health plans, retirement plans, insurance plans, various discounts (e.g. covering movie or concert tickets, hotel stays, etc.), relocation assistance, and care insurance. While they are excluded from the workers' gross income, benefits are usually taxable to the employer, and non-taxable to the employee, although there are exceptions, such as golden parachute plans for chief executives.

Some benefits are voluntary; federal law requires others. Federally required benefits include family and medical leave, COBRA extended health insurance, unemployment and worker's compensation benefits. Some states also have laws that require employers to provide additional benefits such as disability insurance that are not covered by the worker's compensation.

Denial of Employee Benefits

Although the majority of employee benefits are voluntary for employers, you are legally entitled to the benefits provided by the company's policy. However, the employer may determine the conditions under which you will get certain benefits. In order to impose those limitations, the employer must develop proper documentation and make sure that all the employees are well aware of the policies and practices adopted by the company. Typically, these conditions as well as the consequences of their violation are spelled out in policy manuals that are legally binding for both parties (the employees and the employer). Whenever you knowingly violate the regulations of the company's policy you may be deprived of some of the benefits by the employer. In case of a serious misconduct such as criminal offense, the employer may even fire you without providing required unemployment benefits. However, you can take legal action and appeal the denial of benefits.

Getting help

Since the majority of employee benefits are provided by the employers on a voluntary basis, there are few federal agencies to turn to in case you are wrongfully denied one. Basically you have little choice apart from hiring a lawyer and filing a lawsuit. However there are certain conditions that will allow you to seek help at federal or state agencies.

If you believe that you have been deprived of employee benefits on the grounds of discrimination or harassment, you can file discrimination or harassment charges with the Equal Employment Opportunity Commission (EEOC) or a state/ city equivalent agency. You can do it either directly or through an attorney.

If your employer denied you a benefit that you were entitled to by the company's policy on the basis of retaliation, you may file charges with the federal or state agency responsible for the enforcement of laws prohibiting retaliation in the workplace.

Each case of employee benefits denial is specific and should be considered in details in order to determine what sort of legal protection you can seek under the Federal and state law.

Employee Benefits Lawyer in New York

Many companies and employers offer a wide variety of employee benefits, such as health insurance or medical insurance, life insurance, group discounts, or a retirement plan. Health insurance (sometimes called medical insurance) pays for your medical expenses and is important if you are injured on the job. Life insurance financially protects your loved ones in the event of your death. Group discounts are small perks that help you save money, and your retirement plan is a very important benefit that guarantees you will be able to live a happy, full life after your career is over. All of these employee benefits are wonderful if offered, but they are also often violated by employers and targeted by budget cuts.

Denial of Benefits, Underfunded Retirement Plans & More

Borrelli & Associates, P.L.L.C. understands how valuable your employee benefits are to you, and our experienced and competent employee benefits lawyers will legally represent you should you be deprived of your benefits in New York City and Long Island. We have offices in Manhattan and Great Neck and are ready to help. Call today for a consultation.

1010 Northern Boulevard
Suite 328
Great Neck, NY 11021
Tel: 516-248-5550
Fax: 516-248-6027

655 Third Avenue
Suite 1821
New York, NY 10017
Tel: 212-679-5000
Fax: 212-679-5005