Seeking a San Diego lawyer to potentially represent me on a personal suit that may warrant a class action. (Employment Law)

Asked about 2 years ago - Lynnwood, WA

I had contract in the form of an employment offer that included medical after a pre-determined amount of time. The employer never provided medical despite repeated attempts to obtain medical. The employer hired me knowing I had a medical condition that required occasional lab work. The employer exhibited this characteristic to other employees as well. I can demonstrate that I tried to seek medical help that is instrumental to my on-going wellness as well as incurred medical costs directly. In addition, they recently forfeited on maintaining employee coverage that the employees contribute to resulting in a loss of coverage for all the employees. There are additional details I could also provide in a follow up ca.

Attorney answers (2)

  1. Meghan Hayes Slack

    Contributor Level 16


    Lawyers agree

    Answered . You should take the offer to a local employment attorney for review. The attorney can help you determine whether or not the offer constitutes a binding agreement and, if so, what rights you have under it and how best to enforce them. You can search for an attorney on Avvo or contact the National Employment Lawyers Association for a referral.

    Good luck.

    This answer is provided for guidance only. DO NOT rely on it as legal advice. We DO NOT have an attorney-client... more
  2. David Andrew Mallen

    Contributor Level 14


    Lawyers agree

    Answered . What you seek may be possible.

    Here is what I suggest you do before you talk to a lawyer: get a copy of the name and address of the health insurance plan administrator and write a letter requesting a copy of the plan. You must receive a copy within 30 days or the plan administrator is on the hook for penalties, potentially, under a federal law called ERISA. The terms of the health insurance plan will identify the class of employees who is eligible for health insurance.

    A class action lawyer will want to look at: (1) the health insurance plan; (2) the number of employees impacted by the illegal policy; (3) the financial condition of the employer and its owner/managers.

    Most lawyers who handle class actions work with colleagues all over California and know how to file cases anywhere in the State of California.

    I hope you will consult with a lawyer soon.

    David Mallen

    David A. Mallen offers answers on Avvo for general information only. This offer of free, general answers is not... more
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Related Topics


Employment law governs employee pay, non-discrimination policies, employment classifications, and hiring and firing at the federal, state, and local levels.

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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