If an employer promises benifits after 3 months but dosen’t provide them, are they legaly responsible for providing them?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
If an employer promises benifits after 3 months but dosen’t provide them, are they legaly responsible for providing them?
Other employees and I were verbally promised insurance and benifits, however, after 3 months they have not provided, as well as higher pay.
Asked on April 9, 2012 under Employment Labor Law, California
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
A "gratuitous promise"--or a promise someone makes without getting something in return--is not generally enforceable at law; someone may make a promise then renege on it. The key issue then is not what you were promised, but you did in exchange for that promise. If you took on extra responsibilities, paid for or went to training after work hours, obtained a new qualification or certification, worked extra shifts or hours, or gave up some other job opportunity, the employer's promise may be binding on it; if you think this is the case, you should speak with an employment attorney about your options for enforcing it.
However, if you did not do anything in exchange for the promise, then even if it is unfair, your employer can most likely disclaim or renege on the promise.
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.