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In MA, do employers have to offer dental insurance to employees?

Bedford, MA |
Attorney answers 3

Posted

No

henry lebensbaum esq 300 Brickstone Sq Ste 201 andover, ma -- attorneylebensbaum@verizon.net (978) 749-3606.
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Criminal Law (all misdemeanor & felonies in District and Superior Courts), Drunk Driving and Drug arrests, Sex Offenses, SORB, Crimes involving Violence or Theft, Domestic (Divorce, Child Custody, Alimony and Child Support) and Family Law (Modification, Contempts & Paternity), Juvenile Law, Domestic Violence and Restraining Orders, Business Law, Personal Injury claims, Probate Law (Guardianships, Conservatorships & Estate Administration) and Legal Malpractice. For these and other areas, contact me. NOTE: This preceding message DOES NOT create an attorney-client relationship. It is not a protected or confidential communication. The statements made herein are not to be interpreted as representations or warranties of any kind. No reliance should be placed on the statements made herein. It is recommended that the recipient(s) should undertake their own research to reach their own opinion. The writer does not accept professional responsibility on this matter. TO CREATE an attorney-client relationship REQUIRES a signed retainer/fee agreement along with a retainer fee that must be received by my office.

Asker

Posted

If the other employees have been offered the dental insurance, I would think there would be a basis for claiming discrimination. I was told I would be eligible for dental, but wasn't given access.

Henry Lebensbaum

Henry Lebensbaum

Posted

Discrimination based on what?

Posted

Employers are not required to offer any benefits to their employees. Unless your employer is denying you a benefit based on your membership in a protected class (i.e. your race, religion, sex, disability, etc...), he or she can also provide benefits to other employees that he does not provide to you.

Of course, sometimes these things are simply oversights. If you haven't already, just ask your employer or the HR department about dental benefits.

This answer is provided for guidance only. DO NOT rely on it as legal advice. We DO NOT have an attorney-client relationship. You should contact an attorney in your area for a one-on-one consultation before pursuing any action or making any decisions.

Posted

Depending on the reason you are not being offered dental insurance while other employees have it, you may have a discrimination claim. Also, if you were told there would be dental insurance when you accepted the job, you may have a breach of contract claim. You should try to get this corrected by your employer and if unsuccessful, a lawyer should be able to write a demand letter on your behalf.