Legal Question in Employment Law in California

I was notifed last Thursday that, effective Monday (yesterday) my full time status was being changed to "hourly on call" and that I would be eligible for COBRA and unemployment. They did not tell me what hourly rate they would pay me or the cost of COBRA. I told HR this was unacceptable - they clearly have no intention of sending me work, it seems like they just don't want to pay severance. HR has not called me back. What should I do?


Asked on 2/07/12, 8:25 am

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

It sounds as though you've been terminated, they don't want to say it. You have a right to see your personnel file, per Labor Code section 1198.5. You can ask to schedule an appointment to see your file. There may be a status document in there reflecting your current status as an employee. But since you've been advised you are eligible for COBRA, you are probably no longer employed. Which means you should be eligible for unemployment. Just make sure to explain your situation to the EDD if you apply.

There is no law that requires employers to pay severance unless it is part of a defined benefit plan. Some companies will offer it to avoid a potential lawsuit or simply to get a release of claims. If you believe there are rights you may be giving up with this employer, you should consult with an employment law attorney before doing anything.

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Answered on 2/07/12, 1:49 pm


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