Legal Question in Employment Law in California

I went on LOA 6/9/2008 hoping to be back in 6-8 months. I wasn't able to return back to work and was supposed to be officially terminated 6/9/2009, which meant I would begin paying COBRA benefits 7/1/2009.

As of 8/4/2009 I hadn't heard anything from them and I asked them if I was supposed to terminated because I wanted to file for UI. The basically said "oops" we forgot to terminate you, we're doing it today (8/4). BUT they back dated my termination date to 6/9/2009 because their policy states they must terminate 12 mos after the 1st day of LOA. They also backdated my COBRA to pay from 7/1/09 not 9/1/09 (since my term date was 8/4/2009).

Because of their mistake I wasn't able to file for UI until 8/4/2009 which means I lost 2 months of UI. I applied for UI and tried to get my claim backdated but was denied as I presumed because it is not UI's responsibility.

I believe I should be compensated by my old employer for the 2 months of UI I should have received. I want to make sure I have rights for compensation. Please help!


Asked on 10/01/09, 12:32 pm

1 Answer from Attorneys
Michael Kirschbaum Law Offices of Michael R. Kirschbaum

Something does not add up. If you were unable to return to work on 6/9/09, you would not have been eligible for unemployment insurance benefits. To be eligible, you must be able to work. If you were ready, willing and able to work, but the employer prevented you from doing so, you could have applied for unemployment benefits, regardless of whether you were officially terminated.

At any rate, you have not lost 2 months of benefits. The benefits simply start 2 months later. You are entitled to the same number of months of benefits, for as long as you are able to work and looking for work.

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Answered on 10/01/09, 5:17 pm


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