What can I do if my employer offered me benefits that were not true?
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What can I do if my employer offered me benefits that were not true?
I recently accepted a job offer and have been working for my new company for more than 2 months. In the offer letter, they said I would receive fully paid benefits and they would provide a summary plan for me to review, and that I also would have access to a 401k with up to 5 employer match. Despite my asking on many occasions, I have never been provided a summary plan, and the last time I asked, the other day, they told me I need to go get a
physical first. This is a normal office job, nothing industrial, so I think this is weird, especially since I kinda need a doctor/healthcare to go get a physical. The 401k, when I asked about enrolling, they said,
Asked on May 5, 2016 under Employment Labor Law, Arizona
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 7 years ago | Contributor
Unless you had a written employment contract--not merely an offer letter, which is not enforceable, but an actual contract--specificying compensation and benefits, you would only have recourse if you left a pre-existing job for this one, or relocated from a different city, specifically because (at least in large part) of the promised benefits (and you have to be able to prove or establish by a "preponderance of the evidence," or that it more likely that not, that you left the other job or relocated due to the benefits, whether by credible testimony, emails, etc.). In this event, you can potentially hold the employer accountable for its promises under the theory of "promissory estoppel," which can allow a court to enforce a non-contractual promise if someone, relying on it, did something to his or her significant detriment.
Other than as the above, though, since employers can change, reduce, or discontinue benefits at any time (or make other changes to compensation), there is no legal action you could take.
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