Legal Question in Employment Law in California
Qualifying event for Cobra benefits
My husband gave notice to his present employer on Monday November 3, 2003. The owner of the company was very upset that he had excepted another position elsewhere. The owner told him he could go home and he would be paid for the week as they are paid on Fridays each week. We received his check and it did not include the promised week. Secondly, they terminated his medical benefits as of October 31, prior to him even giving notice and not including the promised paid week. What is our standing????
Thank you,
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2 Answers from Attorneys
Re: Qualifying event for Cobra benefits
File a complaint with the labor board, no charge. They should have provided info re COBRA benefits. Or call lawyer to assist.
Re: Qualifying event for Cobra benefits
The boss' promise was a gratuitous one that is unenforceable. Your husband should be paid for November 3, if he worked at least a portion of the day and, if so, he should have medical benefits at least through that day. Employees are at-will, which means they can quit at any time, or can be fired at any time, except for illegal reasons like discrimination, whistleblowing, or if they have a contract for a period of time -- either written or implied. I wish you and your husband well with his new job.
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