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Employer should pay tax penalty.

I live and work in Pennsylvania and my employer employs more than 50 people. I worked for the company for about two years, before the implementation of Obama Care, and then took a leave of absence. I have been back with the company for 7+ months.

I came back as a floater but often worked more than 40 hours in a week and have been given a full time permanent 48 hour per week schedule since the last week of October. I have asked my employer 3 times if they would be offering me health coverage. I have never received a solid yes or no.  I know that many of the full time people are receiving company sponsored health care.

Now the deadline for Obama Care has come and gone, and it is my understanding I will need to pay a penalty for not complying. What are the rules and penalties my employer faces? I believe they may be culpable for my penalties as well any fines imposed on businesses for not fully complying with the health care act.

I would appreciate hearing any insights anyone may have...


  • Employers everywhere seem to be getting away with this kind of nonsense, Your best bet would be for you ton contact a tax lawyer or an outside insurance company and ask them these questions.
  • I would also suggest contacting a tax lawyer. The problem with all of this for you, is that it is considered your responsibility to comply by the deadline. They will see it as that you should have been looking at all options, not just waiting for one that may not come, and you let it slip by. I'm not sure what you can legally do about it, but that's why it's a good idea to go to a lawyer. 
  • I think this is horrendous! Surely if you are working for somebody and caring about the work you do for them alongside taking care of their needs it should be expected the same from them. If however that is not the case, I would suggest that you have words with your employer first. If they are still rigid then I suggest consulting a lawyer of your problems. 
  • Posts: 70
    Well I laughed out loud, because I am not sure this would even even get to the table as an options, but I have to say that I love the idea.  It would probably not make sense in a lot of cases, but if it were something like a layoff of mass people or something, I could see that.  Interesting stuff...thanks for sharing.
  • It seems strange to me that an employer would offer health benefits to some full time employees but not others. I don't mean to pry into your business but are you hourly or salary? I am sure once you contact an attorney you will be able to get the answers you need. I would just buy an hour of his/hers time, there is no reason to put them on retainer right away. I would also not tell your employer anything about this until you talk to the attorney and get their input. I hope this helps and if you respond to my questions I will let you know what I think!
  • I love this idea however I doubt it would ever happen, this year I believe we will have to pay the penalty, last year we made to little in our household and was below the poverty line so we didn't have to pay a penalty.  If I would you I would contact a tax lawyer becasue your situation does not seem right!
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