Legal Question in Employment Law in Texas

I was recently hired to a company in Houston. They were hiring aggressively at the time with promises of copious amounts of work and pay through combination hourly and incentive wages. I signed on and even signed up for the health insurance plan at nearly $200 a month. I completed training and went out to the field. Now they keep telling us not to come in because there isn't enough/any work available that day.... or they just send us home early. I carpool nearly 150 miles daily to get to this job. A 40 hour week doesn't seem to exist in their world. The incentive can't be reached with what work they do provide. I tried to cancel my health insurance so I can use the $200/mo. for gas and rent, but they say I can't cancel at the moment. I can't pay my bills now. Help. O_o

Is this gross misrepresentation a feasible legal matter?

Is it possible to cancel a health insurance plan in a hardship situation?


Asked on 11/11/10, 5:10 am

1 Answer from Attorneys
Ken Gober (Austin TX) Lee, Gober & Reyna

I am a Texas Abogado.

There may be a claim for fraud (which is based on misrepresentation) against your employer, but those claims are generally hard to prove. You should consult with a local lawyer about your case.

For the insurance: I assume the $ is being automatically deducted from your paycheck, in which case, just call your employer and inform them to stop paying the insurance company. Depending on your agreement with the insurance company, failure to pay the insurance company may hurt your credit score, your should discuss this issue with a financial adviser if you have further questions.

Good Luck!

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Answered on 11/16/10, 7:25 am


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