What to do if my employment contract states all employees pay only 10% of their premiumhealth insurance but my employer is not honoring the contract?

Get Legal Help Today

secured lock Secured with SHA-256 Encryption

What to do if my employment contract states all employees pay only 10% of their premiumhealth insurance but my employer is not honoring the contract?

Teachers contract states all employees pay 10% of health insurance. Contract doesn’t state P/T employees pay the difference equal to their employment. This year I am down to 60% employment and my health insurance went from $200 to $1500 a month. I pointed out the language in the contract to the union and they state that research shows the district has a 20 year practice of pro-rating health insurance for P/T employees, and it’s possible to have a past practice that contradicts the contact if it has been going on for a long time. So I can’t pursue the issue. Yet, the district holds us to the contract.

Asked on September 25, 2011 under Employment Labor Law, New York

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

You should speak with an employment attorney about reviewing the contract and enforcing your rights. From what you write, it would appear that the district is wrong, at least as in regards to you: while there are times that the demonstrated behavior of two parties can be used to interpret or understand an otherwise ambiguous parties, or a specific party, by its actions, can be deemed to have waived certain rights:

1) if the contract is clear and unambiguous, there is no need to interpret it, so past behavior is irrelevant in understanding the terms; and

2) It doesn't matter if other P/T employees have wavied their rights by paying more than they should have--other employees' behavior should not bind you or affect your rights under a contract.


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