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job offer benefits not honored

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ncvan

Junior Member
What is the name of your state?What is the name of your state? live in NC work in VA

Verbal and email Offer given with all benefits discussed at interview beginning after 30 days. Now HR guy is saying he made an error! They are paying my husband small stipend for medical until 90 days.BUt all other benefits: Dental, Vision, ST Disability, Yrend profitsharing and matching 401K are being pushed out some even as far as a year.
They knew my husband took a $150wkly pay cut to relocate here because of the promise of yrend profitsharing and 401K.
Can we do anything or should he find a different employer that is honest?
 


Beth3

Senior Member
No, you probably can't do anything. If your husband could demonstrate that the employer purposefully mislead him, then your husband might have a claim for detrimental reliance but since the HR person is saying they made a mistake, then that's pretty much the end of it. An employer is legally obligated to comply with the eligibility terms in their respective Plan Documents for all the benefits you mention. Exceptions cannot be made even if the employer made a dreadful error.

What I do think would be appropriate for your husband to do is to schedule time to visit with his boss to revisit his current compensation. The fair and reasonable thing for the company to do would be for them to adjust your husband's pay in view of the promises they made about benefit participation that they cannot now follow through on.
 

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