Legal Question in Employment Law in California
Medical benefits given to some, but not all full-time employees. DISCRIMINATION
I have become responsible for the HR functions of the small co. I work for (13 employees). I have learned that we not only employ ''visitors'' with no work Visa's and pay them under the table, but also that some full-time employees receive medical benefits while others do not. The employees that receive benefits hold the same job title, description, responsibilities and are payed the same salaries as the employees that do not receive benefits. I am positive this is discrimination. I tried to communicate this fact to our general manager and he does not beleive it to be unlawful and asked that I prove it to him. He is a foreigner, he came from Australia 2 years ago and as far as I can tell is completely oblivious to U.S. and California Labor and Employment Laws. In addition, the medical benefits provided are not under a group plan, but rather individual policies that have been obtained by the company and paid for by the company. Please help me either get my General Manager to understand and obey The Law or otherwise I feel a personal obligation to quit my job and bring suit against the company on behalf of those that have been discriminated against.
2 Answers from Attorneys
Re: Medical benefits given to some, but not all full-time employees. DISCRIMINA
If you are being asked to perform a function at work which is illegal, then you may quit and start an action for wrongful termination. You may recover lost earnings (you must look for comparable employment), general damages and punitive damages, but you cannot sue on behalf of the discriminated employees. Please call me directly at (619) 222-3504.
Re: Medical benefits given to some, but not all full-time employees. DISCRIMINA
Quitting and suing is one alternative, but I would caution you to seek qualified counsel first, to make sure that you are well briefed on the law of constructive discharge.
Another alternative would be to seek out a qualified employment lawyer in your area and suggest to your employer that you schedule a brief meeting to discuss compliance issues. Perhaps if your employer is fully informed of some of the potential penalties for non-compliance, he will change his ways.
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