Legal Question in Employment Law in California

Medical Benefits

My employer made me sign a contract which stated that I am eligible for Medical and Dental Benefits as per the company policy. Though he does not give out any Employee Handbook which states Company Policies, I know that there are other colleagues who are provided medical benefit. However, I have not been enrolled into any medical plan. Can I sue him for this?


Asked on 11/16/01, 8:46 pm

1 Answer from Attorneys

Michael Kirschbaum Law Offices of Michael R. Kirschbaum

Re: Medical Benefits

Employers are not legally required to provide medical benefits to employees. It is a fringe benefit that is discretionary. Whether you have grounds for legal action depends on the terms of the contract you signed and whether the benefits are given on a discriminatory basis. Before jumping into an expensive lawsuit, you may want to consider less drastic measures to attempt to resolve the issue. Talk to a lawyer who specializes in employment benefits to explore your options.

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Answered on 1/16/02, 12:30 pm


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