What to do about health insurance and a new job?

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What to do about health insurance and a new job?

I recently left a long time position for a new job. I was sent an offer letter by the new company by email, which states that they have a 30 day waiting period for health benefit eligibility. When I arrived for work, I was given a new hire packet. In the documentation, there was a memo stating that the new policy was a 90 day eligibility period. I went to the management about this and they in turn went to corporate to try and rectify the situation. Eventually I was told that they would be sticking to the new policy and that they were sorry but could not do anything further. What is my legal recourse in this situation? I don’t really wish to stir the pot with my new employer but I feel as if this is a violation of my rights.

Asked on October 25, 2012 under Employment Labor Law, New Hampshire

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

An employer may change policies for benefits, such as time for eligibility for health insurance, at will.

The above said, IF you left your old job for the new one based in material (significant) part on the representation (claim or promise) that you would be eligible for health insurance in only 30 days, and the new employer knew you would do this and knowing it, nonetheless promised you health insurnace in 30 days to get you to leave your old job for it, then you could potentially hold them to that promise, under the theory of "promissory estoppel." However, to do that, you would have to bring a legal action against them, which may well not be worth it.


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