Do I have any legal standing in Tampa in this situation? My partner and I are on the domestic partner register in Tampa. As stated, I was told that he would be added to the policy same as the spouses of my other co-workers. However, I was told today that is no longer the case. I feel as though their is a discrimation issue here.
I am a California attorney and cannot give legal advice in your state. My comments are information only, based on federal law and general legal principles. YOUR STATE MAY HAVE ITS OWN LAWS THAT OFFER SIMILAR OR GREATER PROTECTION. If I mention your state’s laws, it only means I did a quick Internet search and found something that looked relevant. You MUST check with an attorney licensed in your state to learn your rights.
This is an interesting question. Based on the brief information provided, there are issues related to at-will employment and promissory estoppel.
There is no law that requires an employer in the private sector to provide benefits to employees, their families or anyone. Generally, an employer can decide whether to offer benefits, what benefits to offer, and to whom the employer offers them. There are restrictions that prevent an employer from limiting benefits to employees BECAUSE OF their race, religion, disability, sex, age (40 and over), national origin, pregnancy, genetic history, and in some states, because of their sexual orientation or marital status.
I understand Florida does not allow same-sex marriage or civil unions, so if your partnership is same sex, then the sexual orientation discrimination laws will not help you.
If your job is covered by a collective bargaining agreement between a union and the employer, or if you have an individual contract, the employer must comply with the terms of that contract.
Absent any of the above considerations, the only recourse I can see is potentially a claim for promissory estoppel. You may have a claim for promissory estoppel, which is recognized by most states. This doctrine allows a court to enforce a promise in the interest of justice if all of the following elements are present:
-- one party makes a gratuitous promise to another (that is, a promise it was not required to make, such as a job offer); AND
-- a second party changes its position, circumstances or actions in reliance on that promise (moves, quits another job, etc.); AND
-- that reliance was reasonable; AND
-- the second party was harmed due to its changed position, circumstances or actions.
In a promissory estoppel situation, a court could determine the (potential) employer was at fault for causing you to change your life in the expectation of a job.
Terms in an offer letter may make a difference. For example, the letter may contain "waffle words," such as "The employer can withdraw this offer at any time" or "This offer does not guarantee employment," or "This offer is contingent on passing a qualifying exam" or other similar language.
The interactions between the parties are also significant. It is helpful if there are written communications, such as e-mail messages, that show the employer knew you were relying on the promise. For example, if you told the employer that you were resigning your other job, relocating, or making other changes in your life because of your pending employment with the employer, these communications would support a claim for promissory estoppel.
So, if a factor in your accepting this job was the promise of domestic partnership benefits and you changed your position in reliance on that promise (quit another job, moved, etc.) then you may have a promissory estoppel claim. Whether you want to risk pursuing such a claim while still employed is another question.
Employment law is complicated and fact-specific. You may wish to consult with an experienced plaintiffs employment lawyer. You can find a plaintiffs employment attorney on the National Employment Lawyers Association (NELA) web site www.nela.org. NELA is the largest and most influential bar association in the country for attorneys representing working people. You can search by location and practice area. Also, NELA has affiliates in every state and many cities which are listed on the NELA site. Not all NELA attorneys are named on the web site or affiliate site.
