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

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.

Los Angeles, CA -

Attorney Answers (3)

David Andrew Mallen

David Andrew Mallen

Employment / Labor Attorney - El Segundo, CA
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
Neville Francis Fernandes

Neville Francis Fernandes

Litigation Lawyer - San Francisco, CA
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.

Neil Pedersen

Neil Pedersen

Employment / Labor Attorney - Irvine, CA
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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