Note: The DearEsq free 'ask a lawyer' site is offered as a free informational service to the public and is not intended as legal advice. Laws vary from state-to-state, and in addition every situation is unique, and relevant facts may not be known. The answer to the question posed below may not apply to in your state or to your situation. For legal advice in your state and your situation you should consult with an attorney in your state who is familiar with the rules and laws in your state.
Question: Can I sue a small business (that I work for) for suffering from not being given earned health benefits after almost four years, while being pregnant? I gave up trying to receive my benefits after trying a number of times, so I applied for medicaid. The human resource worker at the business I work for is procrastinating on filling out a paper needed for me to obtain medicaid, and I can’t see a certified ob/gyn until it’s done. She’s aware of this, and now she’s taken vacation after I’ve waited about two weeks. I’m pregnant and suffering. Am I able to sue?
Answer: This would be a question for an employment attorney in your state, as the laws vary from state to state, and so you would be best advised to consult with a local employment attorney. That said, at a very minimum, if you are out of pocket for costs which you had to pay, which should have been paid by the medical insurance to which you say you are entitled, you could, at least, sue for that amount in small claims court.
Of course, you have to balance all this against the fact that you would almost certainly either lose your job (which, if you were improperly dismissed, you could also sue for, but do you really want to be working in the sort of atmosphere to which that would lead?) or, at very least, be working in what would become a very uncomfortable environment.
So, all that said, your first step should be consulting with a local employment attorney who can tell you what your options are.
