Legal Question in Employment Law in California
I am employed in CA. Up until July I was FT with benefits. In the last few months my work hours have been reduced significantly. I was recently informed by my employer that due to this reduction in work hours ) expressed as a weekly average ) my employment status is now PT with loss of my FT benefits including my healthcare insurance. I have elected COBRA continuation coverage but I was denied the federal subsidy. I appealed the denial and lost with the same explanation given ( loss of healthcare benefits due to reduced work hours does not qualify me for the federal subsidy ). I am currently still employed with no work hours and thereby ineligible for the federal COBRA subsidy. Can an employer do this to an employee and is there any recourse for me ?
Thanks much.
1 Answer from Attorneys
A substantial reduction in hours and pay could justify resignation and would be used as a defense to denial of unemployment benefits.