QUESTION

Do we have to give my employer the information he requested and why?

Asked on Aug 19th, 2015 on Labor and Employment - Georgia
More details to this question:
Employer has asked us to prove we are married by submitting our marriage license and our 2014 tax returns. Can they do this? This is being done to see if they have to cover all married employees and their spouses with health insurance.
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3 ANSWERS

Sexual Harassment Attorney serving Brooklyn, NY
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They have a reason for it. I am not aware of any laws that would say you do not need to provide proof of marriage if asked, unless your employer asked only you and not other employees for a bad reason
Answered on Aug 19th, 2015 at 5:26 PM

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Appellate Attorney serving Grosse Pointe Farms, MI at Musilli Brennan Associates, PLLC
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If an employer is providing benefits for employees and their spouses, it is reasonable for the employer to seek some form proof that the individuals who are receiving the benefits are indeed the actual spouses and therefore qualified for coverage. It would not seem that such a request is unreasonable or illegal.
Answered on Aug 19th, 2015 at 5:06 PM

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I presume, from your question, you and "other" are not lawfully married. If you are, just comply with the request, and save your job. I know of no reason why the employer may not require you to prove that you are lawfully married, if your spouse is on your company provided health insurance. If you are not legally married, your "other" can not be on your insurance policy. In Georgia, you could be common-law married, but only if that occurred before a certain date. After that date, about 10 years ago, GA has no new common law marriages. If you are not married, you may be forced to either get married OR 1) lose your insurance or 2) lose your job. If you are not in GA, you should resubmit your question, and identify your state.
Answered on Aug 19th, 2015 at 5:06 PM

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