If an employer promises health insurance in an employment contract but then fails to provide health insurance, what are the ramifications for the employer and employee?

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If an employer promises health insurance in an employment contract but then fails to provide health insurance, what are the ramifications for the employer and employee?

Asked on October 19, 2015 under Employment Labor Law, New York

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

If there is an actual written contract stating that the employee will get health insurance and the employer does not provide it, the employer will be in breach of contract. The employee could sue and seek a court order forcing the employee to provide insurance and/or possibly recover depending on the circumstances one or more of the following
1 Some or all of the cost of health insurance the employee had to provide him/herself
2 The cost of acquiring/buying health insurance in the future
3 If the employee incurred any medical costs that insurance would have covered had the employer provided it, the amount paid as medical costs.


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