Legal Question in Employment Law in California

Re: small claims court lawsuit

Your employer, like anyone else, can sue you in small claims court for money damages. The real question then becomes, "Will your former employer prevail in its efforts?" The short answer may be no. Generally, an employer's employee benefit promise made to an employee is no different than any other promise: it may be legally enforceable against the employer. The reverse is probably true, however. The question of who is legally responsible for payment for the group health insurance benefits for your dependents must rest with the terms of the contractual agreement between the employer and employee. If your employer can produce a writing that support's its position that you are responsible, the burden of proof more likely than not will shift to you to prove otherwise. Your best source for detailed information regarding employee benefits, and responsibility for payment, rests with the "Summary Plan Description" of the group health plan. If you are eligible for and are taking advantage of COBRA benefits, you may be able to request a copy of the Summary directly from the employer. If not, check with former employees to get a copy. In any event, you should consult with an employee benefits attorney prior to appearing in small claims court. There may be other defenses available to you other than the usual contractual defenses, including without limitation a requirement that your employer bring his complaint against you in federal court. Good Luck.