Legal Question in Employment Law in California

Health Benefits for Common Law Partners

My new employer will only allow same sex partners and/or ''common law'' marriages to be covered under their medical benefits. My boyfriend and I have been together 14 years and have lived together for 8 years (in California for 5 years and in Illinois for 3 yrs before that). Doesn't our relationship qualify as a common law marriage? Also, in discussing the offer of employment (before I accepted) the human resources person told me that he would be covered, but once I started working there they said he would not be covered. What are my options?


Asked on 2/22/01, 12:53 am

2 Answers from Attorneys

Michael Kirschbaum Law Offices of Michael R. Kirschbaum

Re: Health Benefits for Common Law Partners

California does not recognize common law marriages. However, if an employer offers medical benefits (which they are not required to do), it cannot offer it to employees on a discriminatory basis, due to gender, or sexual orientation. It is not clear from your question if that is what is happening. You may also have a breach of contract claim, but if the promises were verbal and it is your word against theirs, it may be difficult to prove. Ask Human Resources for a written explanation as to why your boyfriend is not eligible or have an attorney write for you.

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Answered on 4/04/01, 12:28 pm
Keith E. Cooper Keith E. Cooper, Esq.

Re: Health Benefits for Common Law Partners

If the human resources person made representations to you which you relied on in making your decision, and which turned out to be false, you may have a claim for breach of contract or even fraud. The question would be whether the human resources had authority to make the promise to you and whether you can prove such a promise was made.

If the company is offering benefits to a class of employees on a discriminatory basis, such as age, race, gender, or sexual orientation, you may have a discrimination claim.

Obviously, there are elements to your story that you could not fit into a simple question, so it may be to your benefit to speak to an attorney who can assess your individual situation.

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Answered on 4/04/01, 3:40 pm


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