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 5 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.


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.