Can I sue my employer for not offering me any medical insurance?

UPDATED: May 6, 2011

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Can I sue my employer for not offering me any medical insurance?

I was in the hospital for 4 days. After I got out and returned to work, I asked my employer to enroll me in a medical insurance plan (due to the fear my disease will came back). I asked my manager about the status of my request but I never get an answer. The work relations after this have been a little bit different. I’m working at least 30 hours per week and I saved all payslips.

Asked on May 6, 2011 under Employment Labor Law, Alabama


MD, Member, California Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

Unfortunately, employers do not have to provide you medical insurance, especially let's say if you are a part-time or non-benefit employee, an independent contractor or otherwise. If you have a pre-existing condition, your employer may be avoiding talking to you because it either may be impossible to cover you or if you are an employee that should qualify for medical insurance sponsored by your employer fully or as contributed by you out of your paycheck, the cost may be so high the employer is scared to cover you. If the work relations are different it is most likely because the employer may be gearing up to let you go (is your work the type of work for which employment is at will?). If you are an at-will employee, you are smart to save all payslips, and start writing down and keeping records of anything that happens and note in a private journal (not one on your work computer) why it is different. Talk to the labor commission and get the paperwork from your human relations department. If the department won't talk to you, immediately call the insurance company used by your company and get them to begin getting you on the plan.

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 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.

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