Legal Question in Employment Law in New York

Denied Health Insurance

I have been working for this employer for 1 year now. I have worked 32-37 hours per week and nothing less. My employer was also paying for my 1hr. lunch, but at times wasn't able to take it b/c she refused.

She spoke to our staff and said that she was unable to give out raises b/c the premium for health insurance had gone up a great deal. I went in to speak to her on Mon. 3/9/09 to discuss that I don't have health insurance there for I should be able to get some kind of raise, as I run 80% of her office. She sat in front of me and denied that she said that she wouldn't give out raises because of insurance, and said that she's not giving out raises because ''she couldn't afford too.'' So I said to her since I can't get a raise, I would like health insurance. She got extremely angry with me and told me that I was not entitled to insurance b/c I didn't work 40 hrs. per week. There are other people in the office who work less than 40 hrs. and get insurance, so why not me? This is besides the fact of her knowing that I'm 14 weeks pregnant.

Since this talk she has been making my life a living hell, cut my paid lunch hour, and cut my hours to less than 30 per week. I just don't know what to do.


Asked on 3/11/09, 12:50 am

1 Answer from Attorneys

Locksley Wade Law Office of Locksley O. Wade

Re: Denied Health Insurance

In levgal language it appears that you may have a prima facie case of unlawful pregnancy discrimination. However, it would be in your best intrest to seek legal counsel from an attorney. If that is not possible then contact the EEOC or the state or city Human Rights agency.

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Answered on 3/11/09, 7:41 am


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