Q: An ALE company for 8 months now breached their contract by not offering me health benefits - should I use a lawyer?
The contract specified I'd get insurance after the waiting period.
Also I believe this would meet the requirements to report them to IRS due to the Shared Responsibility Payments Act for equal opportunity of all employees to receive and be offered equal opportunity health insurance.
Only just now today (8 months later) they are trying to say they can within 24 hours add me to an insurance plan however that seems shady (in addition to above by breaking the contract irregardless) and they have given me nothing to sign, no application, nor any Marketplace portal access with whatever 24 hours hour turn around they are claiming today only for the first time.
A: It appears that your employer is willing to rectify the situation. So your only harm would be if you had to seek out medical treatment in the past, and had to pay out-of-pocket because you were not covered. I would suggest you discuss that with your employer before resorting to legal action. Otherwise, I don’t see a lot to gain by reporting your employer over this if they remedy the situation. As to the reasons why that is unclear as to why your employer did not initially offer you the benefits. Also, is unclear as to what happened in the past eight months to you asking for the benefits. But generally speaking, if something is promised to you by your employer, and you do not receive it then obviously there’s a contractual breach. The damage would be the loss that you incurred, which would be the cost out-of-pocket of medical expenses.
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