NJ Employment law question
Blue Moon
My wife and I both work for the same company in New Jersey. She
started employment on 8th December last year, I started mine on 11th
June this year.
When we were employed, it was with the promise of health insurance
after 3 months' service. My wife is on the insurance plan, and I just
submitted the documents for my own.
All employees have just been given 4 days' notice of termination of
the insurance plan. No compensation is being offered in lieu of this
cancellation.
Can anyone give an idea on the legal options regarding:
1. Cancelling a policy with only 4 days' notice to the employees?
2. Breach of employment contract?
3. Constructive dismissal (if this is applicable in NJ)?
--
Blue Moon
McGyver
news:1cad14f00f668a69...@news.teranews.com...
> Hi,
>
> My wife and I both work for the same company in New Jersey. She
> started employment on 8th December last year, I started mine on 11th
> June this year.
>
> When we were employed, it was with the promise of health insurance
> after 3 months' service. My wife is on the insurance plan, and I just
> submitted the documents for my own.
>
> All employees have just been given 4 days' notice of termination of
> the insurance plan. No compensation is being offered in lieu of this
> cancellation.
>
> Can anyone give an idea on the legal options regarding:
If New Jersey law is the same as California law, then:
> 1. Cancelling a policy with only 4 days' notice to the employees?
If there is no employment contract saying otherwise, and no union contract,
employers can change any policies and benefits they want. That's because in
an employment at-will situation, either party can terminate the contract at
any time. So if the employer has the right to fire you, that necessarilly
meas they can change the conditions of the deal and leave you in a position
of deciding whether to take it or quit. The employer can cancel benefits,
demote employees, cut pay, anytime. Notice is required, but it only has to
be long enough to give you an opportunity to decide whether to quit or stay.
If you decide to stay, then you have accepted the changed conditions.
> 2. Breach of employment contract?
Changing the terms of an at-will employment contract is normally not a
breach. But if the employer promised you medical benefits and also promised
that the benefits would never be cancelled, then you have a case for breach
of contract.
> 3. Constructive dismissal (if this is applicable in NJ)?
Not applicable. Cancellation of benefits is not dismissal. And anyway, it
wouldn't make any difference. If the employer has the right to fire
someone, then the employer has the right to constructively fire that person.
McGvyer