What to do regarding the refusal of benefits/

UPDATED: Oct 1, 2022

Advertiser Disclosure

It’s all about you. We want to help you make the right legal decisions.

We strive to help you make confident insurance and legal decisions. Finding trusted and reliable insurance quotes and legal advice should be easy. This doesn’t influence our content. Our opinions are our own.

UPDATED: Oct 1, 2022Fact Checked

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

What to do regarding the refusal of benefits/

I used to work for a small business and they offered a reimbursement benefit for vision/dental and child care expenses. I submitted all my expenses in the first week of March and they changed the rules right after I submitted the expenses that they will not reimburse vision/dental expenses submitted within 30-60 days of them resigning from the company. Moreover the section in the employee handbook that talks about child care expense reimbursement they offer did not have the 30-60 day clause in there. I have argued that my submissions were before the rule change was put in place in the employee handbook, but the kind of autocratic leadership they have, they refused. It is not a huge amount but ethically they still need to pay it to me. Do I have a case? What is my recourse?

Asked on May 8, 2019 under Employment Labor Law, Ohio


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

You have a case, but will have to bring it yourself--i.e. sue (such as in small claims court, as your own attorney or "pro se")--this is not the kind of case that the labor department, for example, would pursue for you.
You would sue based on "breach of contract": on violating the agreement, whether oral (unwritten) or written (such as may be shown by an employee handbook), pursuant to which performed work in exchange for certain compensation and benefits. Even when they can change those benefits--which an employer may generally do if there is no formal written contract locking them in for a defined or set period of time--they can only do so "going forward" or prospectively: they cannot retroactively take away benefits you worked for and earned. So you would sue for your money based on breach of contract, to enforce the then-existing agreement between you and your employer as to benefits.

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.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption