What to do if my employer failed to provide me with 100% paid medical coverage after 90 days of service?

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What to do if my employer failed to provide me with 100% paid medical coverage after 90 days of service?

It is now 8 months later and I do not have coverage. Do I have a case?

Asked on November 30, 2012 under Employment Labor Law, New York

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

If there was an agreement that you would receive this coverage as part of  your compensation, then yes, you may have a case to sue your employer and seek the value of the coverage and/or a court order requiring the employer to provide it. In the absence of a written contract guarantying this coverage, the employer *could* very likely elect to not provide it (though the employer generally cannot single out one person to not receive it; this would be more of  general decision to forego providing benefits), but this change would only be effective once it is announced. Until and unless the employer states it is not providing benefits, it would typically be held to the terms of the agreement, including an oral or verbal agreement, pursuant to which you are working and which set out what your compensation would be.


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