My question involves labor and employment law for the state of: Florida

Hi,
I wanted to know if there were any laws in Florida that could help us with this. My husband worked for a company that provided health insurance after 90 days. He was never notified when he was eligible and never signed anything declining insurance. When he realized he was eligible he inquired with his HR dept and was told it was too late and would have to wait for open enrollement the following Jan. He started work of 9/06 and didn't get insurance until Jan 08 because of this. He since has had medical issues and because of this lapse there is a preexisting condition problem. (but that is a whole other story) He has since quit that job and has an individual policy,but if he had gotten insurance with his former company when he was first eligible there would've been no lapse in coverage. Can the employer be sued?

Thanks