What to do if my employment contract states all employees pay only 10% of their premiumhealth insurance but my employer is not honoring the contract?
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What to do if my employment contract states all employees pay only 10% of their premiumhealth insurance but my employer is not honoring the contract?
Teachers contract states all employees pay 10% of health insurance. Contract doesn’t state P/T employees pay the difference equal to their employment. This year I am down to 60% employment and my health insurance went from $200 to $1500 a month. I pointed out the language in the contract to the union and they state that research shows the district has a 20 year practice of pro-rating health insurance for P/T employees, and it’s possible to have a past practice that contradicts the contact if it has been going on for a long time. So I can’t pursue the issue. Yet, the district holds us to the contract.
Asked on September 25, 2011 under Employment Labor Law, New York
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 13 years ago | Contributor
You should speak with an employment attorney about reviewing the contract and enforcing your rights. From what you write, it would appear that the district is wrong, at least as in regards to you: while there are times that the demonstrated behavior of two parties can be used to interpret or understand an otherwise ambiguous parties, or a specific party, by its actions, can be deemed to have waived certain rights:
1) if the contract is clear and unambiguous, there is no need to interpret it, so past behavior is irrelevant in understanding the terms; and
2) It doesn't matter if other P/T employees have wavied their rights by paying more than they should have--other employees' behavior should not bind you or affect your rights under a contract.
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