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

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.

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Filed under: Lawsuits and disputes
Attorney answers 3


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 intended to create an attorney-client relationship. If you need specific advice regarding your legal question, you should consult an attorney confidentially. Many experienced California labor and employment attorneys, including David A. Mallen offer no-risk legal consultations to employers and employees at no charge. David A. Mallen is licensed to practice law before all state and federal courts in California, as well as the California Labor Commissioner and the California Unemployment Insurance Appeals Board. Failure to take legal action within the time periods prescribed by law could result in the loss of important legal rights and remedies.

Michael Robert Kirschbaum

Michael Robert Kirschbaum


Even if there could have been a claim it most likely would have been covered under ERISA, which has long since passed.


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.

Christine C McCall

Christine C McCall


The facts stated by the asker do not raise any issues that would cause action or investigation by the Dept of Ins.


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 only through the mutual execution of an attorney-client agreement. The answer given is based on the extremely limited facts provided and the proper course of action might change significantly with the introduction of other facts. All who read this answer should not rely on the answer to govern their conduct. Please seek the advice of competent counsel after disclosing all facts to that attorney. This answer is intended for California residents only. The answering party is only licensed to practice in the State of California.

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