Legal Question in Insurance Law in Florida

My wife has worked for a doctor's office for the past 90 days, she's coming up on an probationary period evaluation, where health insurance is usually offered. When hired she was promised an opportunity to enroll in health insurance group benefits (payroll deduction), and a small raise after her probation.

Is it legal for the employer to deny her health care and her promised increase but still remain an employee (while other employees enjoy the health benefits)? She was promised these things when she was employed and performed her job well. She believes the Doctor is too cheap, and has done this to one other person recently, what may or may not be a bias toward non-hispanics. Is there nondiscrimatory regulation that disallows an employer ONLY offering group insurance benefits to those he chooses after a probationary period? Can an employer extend the probationary period at thier own will, essentially never offering the same benefits as other employees?

We believe the bias may be the coming in the fact she pointed out to him an error that could easily be resulting in a malpractice lawsuit, which made the doctor very nervous.

She's recently found out the doctor plans on moving the practice in the future, but denies all inquiries. She would need COBRA combined with the recent ARRA assistance if this occurs. Recently they've been told to cancel all postage (typically occurs before a business moves).


Asked on 11/26/09, 8:21 pm

1 Answer from Attorneys

Alan Wagner Wagner, McLaughlin & Whittemore P.A.

It sounds like he is closing. She should start looking elsewhere is my bet. Whether he can fail to offer coverage depends on a number of factors, including the total number of employees. Generally speaking, if she was hired with the promise that after the probationary period she would have coverage, then he owes her coverage. However, if at the end of the period, he says the choice was, you are fired or we extend probation, then that may present a problem. Regardless, he does not at all seem trustworthy and she should look elsewhere.

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Answered on 12/01/09, 9:55 pm


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