Legal Question in Employment Law in Florida

Re: health insurance promissed / not delivered

Unfortunately, what you seem to have is a broken promise and nothing more. Because employers are under no obligation to provide health insurance, if they tell you they are going to give it to you but don't, then you've been dealt a bad hand but not an illegal one. However, if your employer provides some of its employees with coverage but not you, and you believe the reason you have not been given coverage is your race, gender, national origin, religion, disability or other protected characteristic, then the employer's conduct could be illegal. Overall though, it sounds like they just mislead you--which is not nice but also not illegal.

Re: health insurance promissed / not delivered

This is not a black and white area, and Mr. Stern might be right that in the end you would not prevail, but I do think that you have a reasonable argument to make.

Your argument is that you entered into an employment contract which included health insurance as part of your overall compensation package (which includes benefits). You fulfilled your end of the bargain by working, but the employer breached its end by renegging on part of the compensation - health benefits. Thus, your damages are the cost of benefits if you bought your own, or the cost of medical bills that were not covered because you were uninsured.

The problem is that if you do not have such damages, then you may not have much of a case. In these circumstances, your damages would not generally be comprised of the money that the employer saved.

You could argue, however, that that money should indeed go to you because otherwise the employer has been unjustly enriched. That, as well as detrimental reliance where you claim that you acted (took the job)in reliance on the employer's promise, are quasi-contractual claims you can also make.

As you can see, these contract arguments can become complicated. If you really want to pursue this, you could sue in small claims court, but you would be better off with an attorney. Of course, that is not worth it if the amount of benefits is not large.

You might be best off making a written demand to the employer to supply the benefits and reimburse you any actual damages (premiums you had to pay or medical costs you incurred) and see if you get anywhere. You could hire an attorney to make the demand as well.

Beware that the employer might fire you in retaliation and that would probably not be illegal. Also, you will undoubtedly cause more hard feelings by pursuing it. So, be prepared to lose your job if you continue this "fight."

In any case, you should look for other employment because this employer is not trustworthy.

Good luck.

Jeff Sheldon

Jeffrey L. Sheldon, Esquire

The Sheldon Law Firm

17804 St. Lucia Isle Drive

Tampa, FL 33647

813.986.7580

(f) 813.986.7489

(Admitted in Fl., MD, D.C., and Pa.)

[email protected]

http://www.SheldonLawFirm.com

Disclaimer: This posting does not and is not intended to constitute legal advice. It is not confidential, nor is it privileged, and it does not create an attorney-client relationship. Please consult with an attorney for advice specific to the facts of your case.