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LawGirl
LawGirl, Lawyer
Category: Employment Law
Satisfied Customers: 4606
Experience:  I have practiced employment law.
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3.1 General. The Employee shall be included, to the extent

Resolved Question:

3.1 General. The Employee shall be included, to the extent eligible thereunder by
virtue of his position, tenure, salary, age and other qualifications, in all employee benefit
plans, programs or arrangements (including, without limitation, any plans, programs or
arrangements providing for retirement benefits, incentive compensation, profit sharing,
bonuses, disability benefits, health and life insurance, or paid holidays) which shall be
established by the Company for, or made available to employees. The Company reserves
the right to amend or to terminate such plans, programs or arrangements in its sole
discretion. The Company will pay $400 monthly towards the premium for the
Employee’s health insurance coverage.

This is my rebuttal -

As stated in my employment agreement under section 3.1 General I was to be paid monthly a sum of $400 to cover health benefits. This payment was to happen by the first of each month.

I did not receive these benefits until the 3rd month of my employment. I was told that these payments could not be made due to cash flow problems.

This has caused undue stress in my personal life due to the health of my son and needing those funds to help seek medical attention for his disorder.

Would this constitute a breach of contract?
Submitted: 6 years ago.
Category: Employment Law
Expert:  LawGirl replied 6 years ago.

LawGirl :

Thank you for your question. Although I am an attorney, I cannot represent you. However, I will give you the most thorough information I am able. Your employer had an obligation to pay $400 monthly towards premiums for health insurance coverage. As the passage does not specify when the benefits were to go into effect, the fact that you were not covered for 3 months is not a breach. However, if the $400 was not paid in any way, shape of form, that may constitute a breach unless the contract has a provision to alter or terminate their obligation to pay under certain circumstances.

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