Can I sue former employer for not providing health benefits when verbally agreed upon?

Asked over 1 year ago - Los Angeles, CA

8 years ago, my former employer had a standing policy of not giving benefits until the employee reaches 1 year.
I stated I would not sign on to work for them unless I was given benefits.
They verbally agreed but never put it in writing.
7 months on the job and I was in a car accident on way to work.
My compnany stated they never verbally agreed to giving me benefits, and since I did not have insurance, I had to pay $46,000 out of my own pocket. The last eight years have been a nightmare.

Attorney answers (3)

  1. David Andrew Mallen

    Contributor Level 14


    Lawyers agree

    Answered . I am sorry I cannot come up with a clever theory, but I think 8 years is too long to act. Unless someone else has a novel theory, I think your claims have been lost to the statute of limitations that prevents bringing "stale claims."

    David Mallen

    David A. Mallen offers answers on Avvo for general information only. This offer of free, general answers is not... more
  2. Neville Francis Fernandes

    Contributor Level 11


    Lawyers agree

    Answered . Yes, unfortunately the statute of limitations has run. I am not sure what other alternatives you have. You may want to write a complaint to the CA Department of Insurance. I am not sure how much that will help though.

  3. Neil Pedersen

    Contributor Level 20


    Lawyers agree

    Answered . Why wait so long to look into this? You are way past the time period for filing a lawsuit at this point.

    Good luck to you.

    This answer should not be construed to create any attorney-client relationship. Such a relationship can be formed... more

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