Is this a breach of contract - employement contract

In my employment contract is the following statement: Employer will provide employee with health insurance as part of the base compensation, and family coverage as part of the bonus.

The employer did not provide me with health insurance, they paid my portion of my COBRA payment. Due to the employer not providing the group plan I was forced to pay $800 per month for family coverage. I could not obtain a personal policy due to my wife's cancer history.

I see this is a breach of contract. Would you agree?

1 answer  |  asked Jan 9, 2008 08:04 AM [EST]  |  applies to Florida

Answers (1)

David Goldman
Breach of Contract and Non-Compete Agreement in Florida

It depends on how the agreement is written, but it sounds very possible. The real question is "Can I afford to negotiate or defend a case?"

Generally a breach of contract can be a defense to the enforcement of a non-compete. To know for sure if this would be a valid defense in your situation, an attorney would have to review the agreement.

The problem with a defense to the enforcement of a non-compete agreement is that unless the company or their council realizes the issue upfront or early on in the case, the cost to defend such an action can be substantial.

I typically tell my clients who are in a similar situation with a valid defense, that they need to be prepared to spend $1000 if it can be resolved pre suit and $5000+ to defend such an action if suit is filed. If this is not an option, then you are probably better to act like the agreement is valid even if it is not.

It is impossible to give you accurate advise without reviewing the actual agreement and facts surrounding your particular situation. If you would like to discuss these further you may contact me at
904-685-1200

David Goldman, Esquire
If you would like to read more information on similar issues with Florida Non-Compete agreements, you may look at my blog
http://www.FloridaEstatePlanningLawyerBlog.com/

posted by David Goldman  |  Jan 9, 2008 09:35 AM [EST]

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