is legal to give some employees medical insurance some not

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is legal to give some employees medical insurance some not

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Asked on February 16, 2017 under Employment Labor Law, California

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

Yes, this can be legal. The fact is that not all workers need be treated the same or even fairly. That is so long as no form of legally actionable discrimination is the reason for the differing treatment. In other words, race, religion, national origin, age (over 40), disability, etc., can be the reason that some employees are not receiving insurance. Otherwise, this policy is legal. In an "at will" employment relationship, an employer can set the conditions of the workplace much as it sees fit, so long as no term of any applicable union agreement or employment contract is breached.


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