Failure to offer Health Insurance After 90 Day Probationary Period

4hrhelp

In an employment contract that specifically states that health insurance will be offered in 90 days following hiring. If the employer fails to offer said insurance to the employee in the 90 day period, does this qualify as a major breech of the contract allowing an employee to leave said contract? The employer states that he is TRYING to get health insurance, but there has been no documented proof given to the employee. We are currently 20 days past the probationary period documented in the contract.

This is a Texas situation and any advice would be appreciated. Please provide me with the law that allows the employee to leave, given the employer has breeched the contract.

If you feel that this is not a breech, please give rationale.

The situation is sticky and any advice will be helpful. This is a small company.

Thank you.

Brad Forrister

Not sure there'd be a "law that would allow the employee to leave." If there's a written contract, and if there's a material breach, normally that means the contract ceases to be binding.

Brad Forrister
Director of Publishing
M. Lee Smith Publishers