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Old 07-01-2007, 07:42 PM
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Default company forcing drivers to take insurance

can anyone tell me about postal contracts. the company i drive for is forcing us to take their health insurance and on top of that the insurance cost over 500.00 dollars a month. they say it is written into the contracts but i have been here 3 yrs and all of a sudden we must take this ins. i know of other trucking companies that deal with the postal service and they are not forcing their employees take the insurance. we suppose to have 401k but since last month they have not deposited one penny. on my paystub it says health & welfare rates vary by route and hours worked. the 401k suppose to be prevailing wage. they didn't give us a notice or anything they just started taking money. can anyone tell me if this legal help please
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Old 07-01-2007, 08:18 PM
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you mention Health and Welfare and normally that means union. Why do you have a 401k?
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Old 07-01-2007, 09:23 PM
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there's no union. that's what is told to us by our company, and like i said it is on our checkstub. they gave us a website that we can do and check for on our 401k.
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Old 07-01-2007, 09:26 PM
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well are you contributing to your 401k? If you are and it's not reflected they're in big time doo doo
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Old 07-01-2007, 11:00 PM
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You will have to check the laws in the state this trucking company is based out of to know for sure. Most, if not all, states have online resources for their various government offices including their department of labor. Just type in the state name and department of labor into your favorite search engine (Yahoo, Google, etc.) and it should come up.

All I can tell you is that in many states it is illegal for a company to make any type of deductions unless you agree to it in writing.

As far as the 401k thing goes, some companies deposit contributions into those account on a per pay period basis while others do it monthly or quarterly. A company may set up a 401K in your name and make deposits to it even if you are not.
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Old 07-01-2007, 11:52 PM
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I never got a contribution for a 401k from a company when I was a company driver when I didn't contribute to it.
Every one I had they had a % match.
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Old 07-02-2007, 12:09 AM
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Quote:
Originally Posted by yoopr
I never got a contribution for a 401k from a company when I was a company driver when I didn't contribute to it.
Every one I had they had a % match.
While probably not common at all among the trucking industry (and no I never had it done either as a driver) in some industries it is done. Often times companies call it profit sharing and instead of passing out a bonus check they will make an extra contribution to an employee 401k.

Kind of underhanded in a way since with most 401k's you have to work for that company for a certain amount of years before you can get even a percentage of the company contribution upon quitting.

Of course any money you place into the account is fully yours and you get all of that money when you quit. If you roll it over into another 401k or IRA then you do not get taxed. If you take the cash then the taxes are murderous.
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Old 07-05-2007, 09:24 AM
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I dont believe it is legal to deduct money from your check without written conscent!!! Hope this helps~!
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Old 07-05-2007, 12:05 PM
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Because the company gets a group discount.
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Old 07-05-2007, 02:57 PM
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Just check with your state's labor board (or whatever they call them). They are not only bound by their home state's laws, but the laws of any state they hire in and operate in.

As a former employer, I can tell you that deducting anything from an employees paycheck is done either at the behest of the IRS or other government agency, or with the permission/request of the employee.

My employer will automatically enroll you in a 401K at 3% of your gross pay, HOWEVER, it is not done without your knowledge, and you are given paperwork prior that allows you to a. do nothing and let it happen, b. state a different amount to be deducted, or c. OPT OUT and not have anything deducted.

My employer gives you the option to take the health insurance or not. But it is all done legally and you have to sign paperwork, and the premiums are spelled out clearly as well as what you are getting for that premium.

If you are being forced to pay exorbitant rates for health insurance, and do not want it, write the CEO of the company a letter, in a very business like manner, explaining that you do not recall have subscribed to the insurance they are charging you for, and demand "politely" that you be removed from that plan, the premium deduction stopped immediately, and all sums previously deducted returned.

The letter may cause a rift with you and the employer, but...then again, if they are such that they ambush you in this way...is this the kind of company you want to work for??
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