Legal Question in Employment Law in California

I found out that my employer canceled our company's health insurance on 7/1/2010, but didn't find this out until 9/20/2010). I found out by calling my insurance company. Health insurance premiums had continued to be deducted from every paycheck since 7/1/2010.

I confronted my employer about this, and he has reimbursed me for the premiums he stole since 7/2/2010. At this point though, I have no desire to work for him anymore, as I no longer trust him.

So I want to quit, but I also want to qualify for unemployment insurance benefits. Given what my employer did to me (and another employee), what are the chances of me qualifying for UI?

Also, since what my boss did is illegal, can I due him for this?


Asked on 9/27/10, 11:40 am

1 Answer from Attorneys
Arkady Itkin Law Office of Arkady Itkin

Hello.

1. The chances of receiving unemployment under these circumstances are fairly low, as the Department will not find your situation to be intolerable working environment and good cause for leaving, especially if you don't have evidence that wrongful withholdings were done intentionally and weren't simply an accounting oversight.

2. Suing will be of little utility for two reasons (1) you have no damages whatsoever because you were reimbursed fully; (2) the amount is probably not high enough to justify the expenses and the efforts associated with legal action.

Thanks,

Arkady Itkin

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Answered on 10/02/10, 12:32 pm


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