My employer was “forced” to give me health insurance beginning in 2015 because I worked over the 30 hr average for each quarter in 2014. I have been trying to maintain a 30 hour average per quarter this year and did so for the first 2 quarters of 2015.
However, now my employer is saying that I was offered these “full time” benefits in 2015 only to abide by the Obamamcare laws …. but I have always been considered “part-time status”. They are saying I am no longer allowed to work over the 30 average. (I work in a casino and I do not have attendance issues, procedural points, complaints about performance, etc.)
They are arguing …. that they made a mistake last year by NOT keeping my hours below the 30 hr average and they are attempting to limit my hours now so that I go below a 30 hour average to avoid offering me insurance this coming year. Is this legal?
It's legal for your employer to cut back your hours to avoid offering coverage, but you can use the marketplace to get cost assistance. Typically the marketplace offers better value than an employer so they may have just done you a favor. When you lose employer coverage you get a 60 day window to enroll in a marketplace plan, so make sure not to miss that "special enrollment" window.