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  1. #1
    Join Date
    Nov 2016
    Posts
    3

    Default What Happens if an Employee is Not Notified of Open Enrollment of Benefits

    My question involves labor and employment law for the state of: Texas

    This year I did not receive an email regarding the open enrollment of benefits at the company I work for as a full-time, salaried employee. I only learned of it on the last day of enrollment when one of my superiors asked, in passing, if I had completed my enrollment.

    Typically in previous years, I would receive an email containing a link to a web portal to complete my selections. I have searched my company emails and have not found any mention of this year's benefits election period, nor any link to the benefits portal. I believe there was a brief mention of enrollment coming up at a meeting last month, however no specifics were provided. At this time, I am not sure how many of my coworkers are affected.

    I attempted to logon through the link provided in the email from last year, however I was unable to reset my password as no means to do so online was available, and the hours had already closed for the customer service number.

    While perhaps an unintentional oversight on their part, I am dismayed that I may be stuck with whatever plan(s) they rolled me into. I would like to understand my options to pursue this as I am doubtful that HR will be responsive to my complaints without a good force of (legal) reason.

    Thank you for your time and insight.

  2. #2
    Join Date
    Jun 2006
    Location
    Massachusetts
    Posts
    24,521

    Default Re: What Happens if an Employee is Not Notified of Open Enrollment of Benefits

    I promise you that this was an oversight or an error. There is no incentive whatsoever for HR, or anyone else, to deliberately leave someone off the notification list. Open Enrollment is generally at the same time of year every year; when you did not get any notification after a mention at the meeting, why didn't you ask?

    What normally happens if you do not make an election for whatever reason, is that you continue for the next year into the same plans you had the previous year. The sole exception is an FSA, which by law must be actively re-elected every year.

    I have been in some form of Employee Benefits since 1979, and I am unaware of any legal recourse you would have available to you on the available facts. There is certainly no obvious legal violation or lawsuit that you can use to threaten HR with. Talk to them, see what they say and are willing to offer. If you are still not satisfied with the answer, come back. If their response is such that it generates some form of available legal action, I will tell you. But there is very little point in talking about taking legal action before you even raise the subject.

  3. #3
    Join Date
    Nov 2016
    Posts
    3

    Default Re: What Happens if an Employee is Not Notified of Open Enrollment of Benefits

    cgb,

    Thanks for the quick feedback. I will contact HR, however, more generally I was muddled in asking whether or not companies are required to communicate open enrollment periods. The nature of where I work is competitive, retaliatory, and unreceptive to constructive criticism or feedback, so I need to be able to bounce back at HR with jargon about what laws are involved. I have little desire to get involved in a drawn out legal action.

    Also, should be noted that I rely on emails throughout the workday to complete my job. As such, I read every one that comes through my inbox and have been looking for it. In regards to the meeting the first week of October: I did not ask, because I expected enrollment to occur the latter part of November. I have been looking for the link to the portal. I received nothing, and then was asked by the same superior the next day, so you didn't enroll? And then he asked, so you didn't choose the healthcare plan that includes hospitalization? So, here I am left in the dark about what they rolled my plans over to and concerned they selected a lesser plan, thereby saving the company money.

    I will reply further about my coworkers' experiences. It has been a very busy week/month in my industry, so I have not seen many of them face to face. Water cooler talk must wait.

    Thanks again, and any further thoughts are appreciated.

  4. #4
    Join Date
    Jun 2006
    Location
    Massachusetts
    Posts
    24,521

    Default Re: What Happens if an Employee is Not Notified of Open Enrollment of Benefits

    There is no law you can shake in HR's face and say, You violated this law so you have to do...whatever it is you want them to do. I don't know how else to put it or make it any more clear than that.

    As I said, there is no benefit to HR to withhold the information about Open Enrollment to selected employees. Obviously they made notifications or the co-worker who alerted you would not have known about it. I can think of no reason whatsoever why they would deliberately neglect to notify you. As someone who has participated at the Benefits end of, and run, more Open Enrollments that you can shake a stick at, I can promise you that it doesn't save the company money or increase anyone's bonus if certain employees do not participate. However, errors can and do happen. You're not going to know what they're prepared to do for you until you ask.

    BTW, did you check your spam or junk folders? We've occasionally had someone who was certain they didn't get a notice who ultimately found it there.

  5. #5
    Join Date
    Nov 2016
    Posts
    3

    Default Re: What Happens if an Employee is Not Notified of Open Enrollment of Benefits

    cgb,

    Alright, thank you for your reasssurance that there is no incentive to block enrollment from the standpoint of HR or otherwise. Spam filter, yes & thanks, I did check there.

    Regards,
    June

  6. #6
    Join Date
    Jun 2006
    Location
    Massachusetts
    Posts
    24,521

    Default Re: What Happens if an Employee is Not Notified of Open Enrollment of Benefits

    Let me know what they say. I'll be interested to hear.

    There is far more incentive, in this day of the ACA, for HR and Benefits to encourage participation than block it.

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