What to do if I was offered a job with 100% employer paid medical after 90 days, but now after 7 months and my employer has not given it to me?

My employer has not given me my medical coverage and HR provided no answers. Is there anything I can do?

Asked on September 3, 2012 under Employment Labor Law, New York

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

Employers are not required to provide medical coverage or insurance. And even if they did previously do so, they may discontinue doing so. So you would only have a claim against your employer to force them to provide this coverage (or provide monetary compensation in lieu of coverage) if--

1) You have an employment contract which guarantees you this coverage; or

2) You did something significant to your detriment--typically, leaving an existing job or relocating--to take this job specifically because of the offer of medical coverage and your employer knew, before you actually did so, that you would do this but knowing it, made the offer anyway; in this event, you may be able to enforce the promise of coverage under the theory of "promissory estoppel."

If you think you can enforce the promise under 1) or 2), speak with an employment law attorney about the situation. Otherwise, though, you most likely have no enforceable rights in this regard.


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