HR question

[Anonymous]

The offer letter specifies that I am eligible for a certain benefit-it goes out of the way to state that although I am part time, and not eligible for many benefits, I am eligible for x. I've been working here for several months now.
When I went to hr to sign up for it, I was told that I was not eligible. Now that I have produced the offer letter, I'm being told that the letter was incorrect and apologies for the confusion.
I'm kind of ticked off. I'm wondering how far to push it . Any advice?

[Anonymous]

Anonymous wrote:The offer letter specifies that I am eligible for a certain benefit-it goes out of the way to state that although I am part time, and not eligible for many benefits, I am eligible for x. I've been working here for several months now.
When I went to hr to sign up for it, I was told that I was not eligible. Now that I have produced the offer letter, I'm being told that the letter was incorrect and apologies for the confusion.
I'm kind of ticked off. I'm wondering how far to push it . Any advice?

I would take the letter to my boss and ask for help rather than deal with HR myself. I would be ticked off, too.

[Anonymous]

Kind of depends what x is. If x is "health insurance", I'd make a big deal about it. If x is "discounted gym membership" I'd let it go.

[Anonymous]

I work in HR and let me tell you that if WE make a mistake and put it in your contract that you are eligible for x then you are eligible - HR must take responsibility for the mistake. If it is an important issue for you i would fight it out.

[Anonymous]

It's 401k benefits so not a small benefit. Thanks for the advice!

[Anonymous]

Anonymous wrote:It's 401k benefits so not a small benefit. Thanks for the advice!

Your exclusion may have something to do with the way the plan documents are written. If you are truly not eligible you could ask for something to make up for the error -- in you salary etc.

[Anonymous]

Anonymous wrote:It's 401k benefits so not a small benefit. Thanks for the advice!

This one night be tough to win. I don't know the laws but I could see it being a slippery slope to offer a contractor access to a 401K, or it'll trigger consideration they are an employee in practice, which then opens the firm to civil suit /claims of denied benefits by other contractors. Happened to Microsoft and they lost the case hard.

There may even be laws on number of hours worked or employee status requirements.

Still, I'd be taking a massive shit on the HR VPs desk if they declined me said benefits.

[Anonymous]

I would push this. I was a PT employee and not eligible for health insurance or PTO, but offered 401K benefits, and that was a huge incentive to stay at the job. So it isn't as if it is impossible to provide to a PT employee, and if your offer letter clearly states you are eligible, I think they owe you it.

[Anonymous]

Anonymous wrote:

Anonymous wrote:It's 401k benefits so not a small benefit. Thanks for the advice!

This one night be tough to win. I don't know the laws but I could see it being a slippery slope to offer a contractor access to a 401K, or it'll trigger consideration they are an employee in practice, which then opens the firm to civil suit /claims of denied benefits by other contractors. Happened to Microsoft and they lost the case hard.

There may even be laws on number of hours worked or employee status requirements.

Still, I'd be taking a massive shit on the HR VPs desk if they declined me said benefits.

OP said she is an an employee.

[Anonymous]

Anonymous wrote:

Anonymous wrote:It's 401k benefits so not a small benefit. Thanks for the advice!

Your exclusion may have something to do with the way the plan documents are written. If you are truly not eligible you could ask for something to make up for the error -- in you salary etc.

This is correct. If the plan terms excludes employees in your category, then you are not eligible. You can ask for a copy of the summary plan description and that will tell you the eligibility criteria. And it is a good suggestion to ask for something else if you cannot participate in the 401(k).

[Anonymous]

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:It's 401k benefits so not a small benefit. Thanks for the advice!

This one night be tough to win. I don't know the laws but I could see it being a slippery slope to offer a contractor access to a 401K, or it'll trigger consideration they are an employee in practice, which then opens the firm to civil suit /claims of denied benefits by other contractors. Happened to Microsoft and they lost the case hard.

There may even be laws on number of hours worked or employee status requirements.

Still, I'd be taking a massive shit on the HR VPs desk if they declined me said benefits.

OP said she is an an employee.

No, she said she was part time. She made no comment as to her status as an employee or 1099, S-corp, or contractor.

[Anonymous]

No, she said she was part time. She made no comment as to her status as an employee or 1099, S-corp, or contractor.

True, but the other categories of workers you mention should not be getting letters from HR to begin with, never mind offering fringe benefits. Someone needs to get spanked either way.