Does failing to provide Enrollment for benefits at time promised constitute Harm to the employee if they depended on what they were told upon hire?

When I was hired my employer promised Enrollment in the benefits package at 60 days and benefits to become effective at 90 days. New HR manager changes things and doesnt even offer enrollment information until after 90 days. Insurance will go into effect the 1st of following month. (my 5th month). Put off dental work but scheduled for after 90days. now it’s the 4th month with no insurance and i’m in enough pain to have no choice but to miss work once or twice.Grounds for possible termination. My fault? Breach of Contract? Anything?

Asked on May 21, 2009 under Employment Labor Law, Texas

Answers:

MD, Member, California Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

Not sure what type of employment you have -- public or private sector? Union or non union? Collective bargaining agreement or not?

If the manual says you are given this benefit at 90 days, then not getting it done, you possibly have a claim.  To better understand your situation -- contact your state's Dept of Labor, which is the Texas Workforce Commission (http://www.twc.state.tx.us/) and find out if it is a statutory or administrative rule violation.

This will help you to determine whether you need to directly confront your HR or if the Workforce Commission will.  I believe employment in Texas is "at-will", which means your employer can fire you with or without cause, unless you are in some sort of contractual relationship.  That being said, your employer cannot retaliate and fire you if you did not receive the benefits you were to receive.


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