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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Employment Law
Satisfied Customers: 111672
Experience:  20+ Years of Employment Law Experience
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My husband is a schoolteacher in NYS. He was hired in

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My husband is a schoolteacher in NYS. He was hired in November, worked through the end of the year, and we got health insurance through him. His supervisor implied that he may be let go in the fall because of a decreasing student ratio. He proactively found another job for September and informed the district so they could replace him if need be, in time. He was cut off from health benefits. His contract states that teachers in his district pay for coverage in the summer months in the previous 10. The administrator he talked to says he hasn't paid for the summer. What are his rights? Union has not responded.
Submitted: 4 months ago.
Category: Employment Law
Expert:  Law Educator, Esq. replied 4 months ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
This is going to require more information on his part, since he was not employed for the whole previous school year, only from November, you need to determine first what exactly he paid towards summer benefits. IF you can show he did make additional payments to be applied to benefits through the summer, then your first step has to be a grievance through the union as they are the sole bargaining agent between management and the employee. If they refuse to assist (you need to keep calling his representative or the union officials) then your husband's only recourse is he will have to use his own attorney to sue the district for those benefits based on breach of contract if you can show they took money for insurance premiums from him for summer premiums. Also, they were supposed to give him notice of the termination of benefits and explain his rights to pay for benefits under COBRA and failure to provide him that would be grounds to get his benefits reinstated under COBRA and he would file a complaint with the US Department of Labor as they handle COBRA violation claims and most times they can at least get his COBRA benefits reinstated until his new benefits kick in.