Legal Question in Employment Law in New York

Reimbursement for lack of promised Fringe Benefits

I was hired to work in a small regional office of a national company an was promised fringe benefits (health & dental, 401K, vacation & sick pay). It has been over 8 months since I became eligible, but I have yet to receive these benefits.

I have made many requests to my direct supervisor, and a regional representative, to no avail. I have some e-mails, and other documents to back up my claim. My supervisor is cooperative, but has been unable to get the proper approval from his higher ups. The chain of command ends for me with my direct supervisor since our corporate offices are in another state, and I am not rightly recognized by HR as a ''full-time'' employee. They say I am freelance.

What recourse do I have? Can I sue to have these benefits given? Am I entitled to a retroactive dollar amount since benefits are considered an addition to salary? Or, can I demand a higher ''freelance'' rate to cover the added cost of procuring these benefits myself (I currently pay for health & dental out of pocket)?

Any advice or info would be greatly appreciated. Thanks.


Asked on 9/20/02, 4:15 pm

1 Answer from Attorneys
Brendan Chao Brendan Chao - Attorney & Counselor at Law

Re: Reimbursement for lack of promised Fringe Benefits

When you call yourself a freelancer I assume you mean independent contractor. As an independent contractor you are not entitled to the benefits an employee of the company enjoys. This begs the question: are you really an independent contractor? There is plenty of litigation out there on just this issue. Just because an employer calls you an independent contractor doesn't make it so. There are other questions that need to be explored on this point. If you are in fact an employee you may have a right to the benefits offered by the company.

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Answered on 9/20/02, 4:44 pm


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