If I started my current position 6 months ago but as of today I still have not received my benefits, what can I do?
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If I started my current position 6 months ago but as of today I still have not received my benefits, what can I do?
I had a 90 day probation period and I am long overdue to receive my benefits. What Can I do at this point I’ve ask the person in charge about when I will receive my benefits but she never replies back and for a fact I know she is avoiding talking to me about it. At this point I really need to see a dentist; my tooth has been hurting for the longest time and I’ve been waiting for my benefits to come along so I can go in.I don’t think this is fair on how I am being treated with benefits. Can I sue them for this ?
Asked on June 23, 2015 under Employment Labor Law, California
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 8 years ago | Contributor
If under the terms of your employment or your employer's policies, you should have received your benefits by now, then yes, you could sue--either to recover costs you had to pay out of pocket, which you should not have had to pay (e.g. if you went for medical care and paid yourself) or for a court order seeking to direct them to provide benefits. Before going that route, however, have to you tried to talking to a superior or more senior manager/executive of the person who has not provided your beneifts? You may be able to resolve this without litigation by going "over the head" of the person who is causing the problem.
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