Employer Breach of contract regarding insurance?

I was hired in Sept to work for a company who I signed a contract with stating that my benefits could kick in 'as soon as I started'. I have been hounding them since then to have an agent come by so I can choose my plan. Nothing has happened. I have been ignored. Then, supposedly, in Jan, the insurance company was called and they were supposed to send an agent out...that hasn't happened either. Now, I'm leaving the company for other reasons. Can I sue them for not giving me insurance? Can I sue the insurance company for not doing their job? I'm not sue happy person, but this is both frusterating and serious. All I want is the 4 months of insurance they owe me!

The two issues of merit are that you now have a gap in coverage that should not have taken place, and that you should be entitled to COBRA benefits allowing you to continue your insurance (typically at your own expense) for up to 18 months. Either of those could be actionable, I would think, if you are denied future coverage due to the gap, or if they do not let you buy in if you need to COBRA your benefit. If they allow you to buy in as if you were still part of the group, I think that would satisfy the COBRA requirement. Here's a link to the COBRA info, it definitely pertains to your situation.
http://www.dol.gov/ebsa/faqs/faq_consume...

Your employment contract giv es you the right to insurance, so you could get it. The only issue is if you did not use insurance during that time, or if you are not denied future insurance because of the gap in coverage, you really have no damages and suing would be pointless. If you need the coverage, put your request in writing and detail the fact you have requested time and again, been promised, but it never happened. If they still fail to get you the insurance, you can have an attorney write a demand letter.

If it is in your employment contract, then obviously you are entitled to it.

You can sue anybody anytime for whatever you want to sue for.

However, pick your battles.

If you had to pay for medical care out of pocket because you didn't have insurance, that would be one thing, but just because you weren't covered for four months (and didn't need insurance during that period) your chances of recovering anything is pretty slim.

Plaintiff and Defendant, Midland Risk Services-Illinois, Inc., ("MRS-Illinois") have
entered into a contract for employment.
(1) Plaintiff claims that he performed all obligations required of him under that contract.
(2) Plaintiff further claims that Defendant failed to perform its obligations under the contract
and breached said contract by:
(a) terminating Plaintiff's employment by failing to comply with the agreed 90-day
non-renewal notice provision; and
(b) failing to pay Plaintiff's 1994 bonus, and the value of fringe benefits owing to
Plaintiff.
(3) Plaintiff further claims he has been damaged as a result of the breach of contract.
(4) Defendant denies it breached Plaintiff's contract and denies that Plaintiff performed all
obligations required of him under the contract.
(5) Defendant further denies that Plaintiff sustained damages to the extent claimed.
(6) Defendant also sets up the following affirmative defenses:
First, Plaintiff was terminated for good cause.
Second, at all times following Plaintiff's termination, substantially equivalent positions
were available for a person of Plaintiff's qualifications, and Plaintiff could have obtained
one or more of said positions had he used reasonable diligence in seeking such
positions. Plaintiff failed to reasonably mitigate his alleged damages allegedly caused by
Defendants' acts
Third, that Plaintiff, at some time following his termination, obtained a similar position;
that in such position, Plaintiff has earned wages and benefits; and, that all such wages
and benefits earned by Plaintiff since the date of his termination operate as a set off
against alleged damages herein.
(7) Plaintiff denies that he was terminated for good cause and that he failed to reasonably
mitigate the damages.
Plaintiff claims a cause of action against Defendant Midland Financial Group, Inc.
("MFG").