Can I sue my employer for removing my health insurance as a mistake and is now costing me time stress and countless phone calls

Asked over 1 year ago - Brentwood, CA

To get everything back to normal and nothing has been done!

Attorney answers (4)

  1. Neil Pedersen

    Contributor Level 20


    Lawyers agree

    Answered . I disagree in concept with the other answers, but as a practical matter, it is unlikely you could prevail.

    Liability for the negligent administration of employee health plan benefits is an issue governed by a federal statute known as ERISA. ERISA makes it virtually impossible to get damages for poor administration of a health care plan. You can usually only get the policy benefit you should have received if you prove that the conduct of the plan administrator was not just wrong, but an abuse of discretion.

    Depending on the nature of the "mistake" and the benefits lost, you may or may not have an ERISA claim. However, damages other than the policy benefit are not available to you. If the amount in controversy is large enough, you might be able to get an ERISA attorney to assist you.

    You should locate and consult with an ERISA law attorney as soon as possible to explore your facts and determine your options. I would suggest you look either on this site in the Find a Lawyer section, or go to, the home page for the California Employment Lawyers Association, an organization whose members are dedicated to the representation of employees against their employers.

    Good luck to you.

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

    Contributor Level 18


    Lawyers agree

    Answered . Probably not.

  3. Celia R Reed

    Contributor Level 20


    Lawyers agree

    Answered . No.

    Please note that I am answering this question as a service through Avvo but not as your attorney and no attorney-... more
  4. John P Corrigan

    Contributor Level 19


    Lawyers agree

    Answered . This is a reports of the same question asked a couple days different result in answers from this batch of answers.

    My answer is not intended to be giving legal advice and this topic can be a complex area where the advice of a... more

Related Topics

Employee benefits

Employee benefits are what employers offer their workers that is also an incentive to work for their company. This can include health and retirement benefits.

Retirement benefits and ERISA

ERISA is a federal act that protects employee retirement funds and pension plans in private industry, establishing minimum standards for operation and payments.

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