Home > Research Legal Advice > Employee Benefits > Is my employer required to offer me health insurance benefits?
Asked over 2 years ago - San Francisco, CA
FlagI was promised health insurance eligibility after 90 days. I have been with this company for 11 months. Every other employee in the company has health insurance. I filled out the health insurance form and gave it personally to the owner. After three weeks I asked if my form was submitted, and my employer said, "I did not submit your request because I don't believe you are dedicated enough to your job." I have never been reprimanded for any reason, nor have I ever had reason to be. I feel that my employer is holding this over me in an attempt to "keep me under his thumb," and threaten termination. I definitely learned a little bit about the person I'm working for, but feel that I have been treated unfairly by someone trying to save a buck. I have been a hard-working employee.
CA employers don't have to offer health insurance, or any other benefits. And if you didn't have a contract, you're an "at will" employee and your employer can fire you without notice for any reason or no oreason, or do less than fire you, like reduce your salary or benefits or hours. etc.
But here it sounds like you have a contract with the employer for these benefits, and maybe for other terms of employment as well. Have you got this in writing? Is it part of the employer's written policies? While it's more difficult, it's not impossible to prove an oral contract.
You may also have a claim for fraud if you were promised these benefits before you took and job, and relied on that representation.
There are additional remedies under the CA Labor Code if you relocated in reliance on this representation.
See an employment litigator to fully disclose the facts of your situation.
Disclaimer: Please note that this answer does not constitute legal advice, and should not be relied on, since each state has different laws, each situation is fact specific, and it is impossible to evaluate a legal problem without a comprehensive consultation and review of all the facts and documents at issue. This answer does not create an attorney-client relationship.
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