Can my employer deny my spouse benefits?

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

Can my employer deny my spouse benefits?

Married 8/15 had not changed my last name until 10/17 Started in March 2017 and added my husband

as spouse and we both were granted medical benefits by employer with them having my marriage

certificate. 2 months later, they send a third party questioning me asking for tax returns, bank

statements, affidavits. I provided all except tax returns because 2 years ago I filed single and filed extension for last year. They dropped my husband and said the only way to prove marital status is with tax returns. This went on back and forth for about a month now it is open enrollment but I don’t feel like they need to see my tax returns and feel harassed. Not all of the employees have been asked to provide their returns.

Asked on November 1, 2017 under Employment Labor Law, Texas

Answers:

B.H.F., Member, Texas State Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

Your marriage certificate is your proof that you're married.  You would only need to produce your tax returns if you were claiming a "common law" or "informal marriage' which would require some evidence.  This is not your situation.  You are formally married, and your legal marriage certificate should suffice.  If you are the only employee being required to jump through these hoops, this may be some form of discrimination.  If you are a member of a protected class, then you may want to consider filing a claim with the Texas Human Rights Commission or EEOC.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption