Legal Question in Employment Law in California
small business owner laying off employee
I am a small business owner in Califonia. I have an employee who was hurt on personal time and who is now (and has been for a while!) on non-work related disability. We uinfortunately have no company policy on leaves of absence and while not paying his salary, we are paying for his benefits. He is not working to fix his injury and I am wondering how long we have to employ him? What are the considerations or ramifications for laying him off? Thank you!
2 Answers from Attorneys
Re: small business owner laying off employee
No obligations exist to 'at will' employees, other than FMLA leave laws. Consult with counsel about the detailed facts if you fear being sued for termination. Feel free to contact me if interested in doing so.
Re: small business owner laying off employee
Generally group insurance programs require that the employee work a minimum number of hours weekly or monthly to retain coverage. You may be able to terminate health coverage if he has fallen below the required hours. If you have 20 or more employees you must give notice to your employee of his right to continue coverage by paying the full cost of insurance coverage plus 2%. If less than 20 employees your carrier will be required to give notice of a right to purchase coverage directly. You also may have obligations under state or fed laws regarding disability discrimination.
It would be wise to consult with an employment attorney regarding the specific facts involved. If you would like to discuss this further feel free to contact me directly.
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