If our employer is refusing to supply the health coverage provided for in our contracts, what are our legal options?

UPDATED: Sep 30, 2022

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If our employer is refusing to supply the health coverage provided for in our contracts, what are our legal options?

I am one of 10 ‘foreign experts’ 9 americans and 1 canadian who works in China for a MI based LLC, which has issued us contracts, the benefits package of which includes health insurance. However, 6 weeks after our health plan was supposed to commence, our employer has yet to pay the insurance company. This past Friday, in a meeting with the local head of human resources, I was informed that we are, in fact, uninsured. I am writing to inquire whether we have any legal options in the U.S.

Asked on October 5, 2016 under Employment Labor Law, Maine


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

You can file a lawsuit--the courts are open to non-citizens here legally--to enforce the contract (e.g. for a court order requiring the employer to provide the contracted-for benefits) and/or for monetary compensation (e.g. if you had to pay for medical care out of pocket, for the cost thereof, if the care would have been covered had they provided you the coverage which they should). If you are unfamiliar with our legal system, you are strongly encouraged to retain an attorney to help you.

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