Employers use federal law to deny benefits

breitbart t.v. ^ | 04-05-08 | Mark Sherman

[em2vn]

Dying of cancer, Thomas Amschwand did everything he was told to make sure his wife would collect on the life insurance policy he had through his employer. "He was obsessed with dotting every `i' and crossing every `t'," Melissa Amschwand-Bellinger recalled about her husband, who died in 2001 at age 30.

But Spherion Corp., the temporary staffing company where Amschwand worked, told Amschwand-Bellinger she would not receive any of the $426,000 in benefits she believed she was due. When she went to court, Spherion succeeded in getting her lawsuit thrown out. The Supreme Court on June 27 refused to review the case.

[em2vn]

American business is asking to have a boot pressed against its throat. That certainly isn't the best solution, but these bastards would steal the pennies out of a dead man's eyes.

[bolobaby]

I actually worked for Spherion for a brief period. They are THE WORST.

I highly recommend any company that is considering their staffing services to look elsewhere.

[driftdiver]

Seems pretty amazing they got away with this. Couldn’t you sue them for breach of contract since benefits are part of the employment contract?

I’d agree with other comments that they are not a good company. Very much a body shop.

[Ciexyz]

Thirty years ago when the pension law stipulated that you had to work ten years for a firm to be vested in that firm's pension plan, my Daddy's firm let him go after nine years and six months.

He filed suit thru the EEOC but didn't win. Arbitrator found no discrimination.

I've heard of worse cases, of people getting terminated one day short of qualifying for a pension, and they file suit, but there's nothing they can do. These suits are very hard to win. Of course we're talking about middle-aged white males who are being discriminated against, and the government doesn't seem to care about them.

[Ciexyz]

Reminds me of all the legal language in the updates sent our by the credit card companies. For instance, some cutthroat lawyer dreamed up the horrible change that if you don't pay the full amount on this month's credit card statement, that you get charged interest on the ENTIRE amount of your statement, not just on the unpaid balance - even if all you failed to pay is ten cents. (To clarify, if you owe $800.10 and you forget to pay the ten cents when you write a check for $800, you still get charged interest for $800.10 which appears on your next month's statement.

[basil]

Another real shame is that these folks have to file lawsuits, which they then have to pay for. We could be talking considerable money, here-and if they lose, they are out even more money for trying to get what they believe they paid for.

[irv]

I currently work for Spherion. There’s nothing surprising in any of this. They are the cheapest SOBs on the planet.

Still, they got me in to my current position, which I love. For now, it’s worth putting up with them.

[PackerBoy]

Rising health care costs force most employers to re-evaluate their employee benefits, including insurance benefits, on a yearly basis. Lower premiums usually result from reduced coverage. Should a company favor former employees over its current employees when making these decisions? Or retired workers?

If employees want better coverage, they will have to step up their contributions or co-pays. But very few are willing to do this, especially in government and unionized work settings.

I hate the result here, but it's like hating what happened to people in New Orleans as a result of hurricane Katrina.

However, I would be in favor of a change in the law to allow employees to sue when they are actively misled by malevolent or ignorant benefits represetatives (as appears t be the case here). Something that would put the onus on the company to communicate clearly to people about reduced coverage or other material changes in their benefits.

[goldstategop]

A company like that, I'd work the minimum for them and never give them my loyalty. And I'd see to my retirement elsewhere. When they're asked I was never a model employee, I'd say it goes both ways. They don't deserve one.

"Show me just what Mohammed brought that was new, and there you will find things only evil and inhuman, such as his command to spread by the sword the faith he preached." - Manuel II Palelologus

[dila813]

This is a worthy McCain Issue, vaccinate himself from Obama.

[R. Scott]

Makes me wonder how some people sleep.