If I was just diagnosed with a brain tumor, do I have any legal recourse if my employer cut off my health benefits?
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If I was just diagnosed with a brain tumor, do I have any legal recourse if my employer cut off my health benefits?
I was just diagnosed with a brain tumor that prevents me from working full-time. My employer promised me that I could maintain health benefits as long as I worked 20 hours a week, however then reneged and told me they will be cutting off my benefits at the end of the month (giving me 2 weeks to find new coverage). I am an at-will employee.
Asked on October 25, 2015 under Employment Labor Law, Massachusetts
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 8 years ago | Contributor
No, you do not have recourse in this case. If you can't work full time, the employer has no obligation to keep you on full-time salary and/or benefits. They can, if they choose to (and if the contract they have with the heath insurer and the plan allows them to provide benefits to a less-than-full-time employee), but are not obligated to do so; providing full time benefits to a part time employee is not an accommodation required by the law.
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