Health Insurance - Working hours

[Sam2016]

Jurisdiction

Virginia

Dear All,
1- When I started working in current company, they told me that they will provide the health insurance for me after 3 months. But what happened was that they provided the insurance after 5 months. I want to know can I sue them because of this?
2- Working hours are 40 hours a week for us, but my boss is asking for being on-call. Sometimes they call me at 3:00 am. It completely ruined my life style. Can I do something about it legally? I have an at will contract with this company.

Thank you.

 

[cbg]

For your first question, before I respond I'd like to know what caused the two month delay. It makes a difference. Please note that even if the answer is ultimately yes, you can sue, the suit will be limited to any medical bills you might have had to pay that would otherwise have been covered by insurance. You have not won the lawsuit lottery here, and depending on the reason for the delay you may not be able to sue at all.

For the second question no, there is nothing in the law that is going to force your boss to take you off call or not call you at inconvenient hours. Not unless you have a contract that expressly and so many words says that he can't.

 

[ElleMD]

Suing is unlikely but you might have other remedies depending on the reason. What were you told when you asked about getting coverage? What damages did you incur because of the delay?

On-call is legal, even at 3 AM. I had a past job where I was effectively on-call 24/7. After 5 years, I burned out but it was legal.