Guest erinf Posted November 27, 2006 Share Posted November 27, 2006 I'm pretty new to this, and know very little about voluntary benefits. An employer offers voluntary short-term disability that is fully-insured. The plan has been in place for just over a year, and the carrier has not done any subsequent enrollments. The employer, apparently, has not made it a practice to offer the benefit to new hires. Now a pregnant employee, hired after the plan was in place, is wondering about the voluntary STD, and says she would have enrolled had the benefit been offered to her. Does the employer have any liability in this case? Link to comment Share on other sites More sharing options...
Jacmo Posted May 18, 2007 Share Posted May 18, 2007 Since it's a voluntary product, it's not an employer sponsored plan (unless the employer has inadvertantly made it so). Maybe she can go after the agent or agency that was doing the enrollments. But I don't think she has much of a case either way. Link to comment Share on other sites More sharing options...
J Simmons Posted May 18, 2007 Share Posted May 18, 2007 Here are four recent court decisions that would be worth reading on the topic: Atwood v. Swire Coca-Cola USA, D. Utah, No. 2:03-cv-1014 TC, 1/19/07 Tennant v Swor, E.D. Texas, No. 4:05-cv-294, 4/3/2006 Negley v Breads of the World, 10th Cir., No. 05-1415, 3/2/2007 Green v ExxonMobil, 1st Cir., No. 06-1452, 12/8/2006 John Simmons johnsimmonslaw@gmail.com Note to Readers: For you, I'm a stranger posting on a bulletin board. Posts here should not be given the same weight as personalized advice from a professional who knows or can learn all the facts of your situation. Link to comment Share on other sites More sharing options...
J Simmons Posted June 1, 2007 Share Posted June 1, 2007 Another decision worthy of note was handed down on May 7, 2007, by the US Dist Court in Utah, in Hansen v Harper Excavating, Case No 2:05CV940 DAK. John Simmons johnsimmonslaw@gmail.com Note to Readers: For you, I'm a stranger posting on a bulletin board. Posts here should not be given the same weight as personalized advice from a professional who knows or can learn all the facts of your situation. Link to comment Share on other sites More sharing options...
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