What to do if my employer’s recruiter promised me a benefit in writing to add my parent as a dependent on my insurance plan, however I started and tried to sign up the benefits team confirmed this is not something they offer?

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What to do if my employer’s recruiter promised me a benefit in writing to add my parent as a dependent on my insurance plan, however I started and tried to sign up the benefits team confirmed this is not something they offer?

I asked about this benefit question several weeks after I signed the offer letter. However, I’ve had several undocumented conversations that promised me this benefit. Do I have any legal recourse to sue the company?

Asked on June 10, 2017 under Employment Labor Law, New York

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

If you did not have a written employment contract guarantying you this benefit, you most likely do not have grounds for a successful or viable lawsuit. When there is no written contract, employment is employment at will. (Even when there is a contract, anything not covered in the contract is generally still "at will.") Anything not secured or guaranteed by a written contract--including your salary or wages, you sick or vacation days, or other benefits, like the specifics of health insurance--may be changed or reneged on by the employer.


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