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Can my employer take back an agreement in which they agreed to pay my phone bill and my medical benefits if i would leave my job

Jersey City, NJ |

The company has been paying my medical insurance and phone bill(mobile) for the past few years. They have now decided they will no longer pay for it and claim to give me a pay increase that will supplement the cost of medical insurance. That to me is not a raise.

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Attorney answers 3


As a general rule, if you are an at-will employee, your employer can change the terms and conditions of your employment at any time and doesn't have to justify it. If you have an employment contract, which could be in writing, could be oral, could be composed of multiple writings, then you would need to have the contract reviewed by an experienced employment lawyer to determine whether you have any recourse. I urge you to meet with an experienced employment lawyer to discuss your situation, even if you need to pay a consulting fee. A good lawyer will not focus just on your question, but will probe your employment relationship to see if there are other issues. For example, a potential client came to me recently with a complaint of failure to accommodatte a health issue. After a thorough discussion, I advise her that she had a better claim of religious discrimination. You will rarely get that sort of service with a free, over-the-phone consult.

A response to a question posted on Avvo is not intended to create an attorney-client relationship. It is informational only. Allan E. Richardson, Esq. Richardson, Galella & Austermuhl 142 Emerson ST., Woodbury, NJ 08096 856-579-7045.


I agree with Mr. Richardson's well explained answer. A thorough review by an attorney of all correspondence and agreements related to your employment is critical for an attorney to provide accurate advice; not the least of which is determining whether you are considered an at will employee. As of right now, and based upon the limited facts presented, I can not determine if you are an employee or an independent contractor. Generally speaking, contractors are responsible for obtaining their own medical insurance (independent from any employer-sponsored plan) and contractors are responsible for paying 100% of those costs. In contrast, employees pay a certain amount in conjunction with their employer's sponsorship of a health care plan. I recommend you seek the advice of an attorney to fully discuss your case.

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The first and most important question is do you have an Employment contract or anything else in writing from the Employer on these issues. If not, it will be very difficult to enforce the promise as without a written agreement you are an at will employee.

No attorney-client relationship is created as a result of this submission. The information and answer provided is of a general advisory nature based on the limited information provided and should not be constured as formal legal advise.