Legal Question in Employment Law in Massachusetts

Post retire health benefits/forced to continue working

My mom is 64, an RN in a hospital, and having problems with the hospital management, who have offered to pay her 2 years of health insurance from the date she retires from working for them. She has worked there for 41 years, and wants to retire as she is sick of dealing with the hospital politics, and gave them a date for April 30, 2004. They had expected her to work through the summer because of the nursing shortage and staffing crisis and are now insinuating that if she doesn't retire for them when THEY want, they will rescind their offer of health insurance. The head of human resources, the department director, union rep and my mom all signed a sheet which stated this 2 year offer of health insurance, but not that it had to be a mutually agreed upon retirement date. I feel that the threat that they are holding over her of rescinding the health insurance is wrong, and possibly illegal. Thank you.

Melissa W.


Asked on 4/06/04, 1:19 pm

1 Answer from Attorneys
Nance Lyons Law Office of Nance Lyons

Re: Post retire health benefits/forced to continue working

The situation is not easy. As I understand it you have a written agreement to pay health insurance for 2 years if you retire. If that it what it says, it is enforceable. In addition to a breach of contract claim, you may have a claim for fraud, deceit and/or misrepresentation.

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Answered on 4/06/04, 3:10 pm


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