Legal Question in Employment Law in California
Vacation pay & insurance
On 9-19-08 I was laid off due to slow amount of work, they told me it was just for 2-3 weeks & they would give me a call. It ended up being me giving them all the calls. Today is 11-17-08, I was with the company for 3 years on 9-19-08 the day I got laid off. one week later my insurance was canceled. Can they they do that? A few weeks before the lay off they canceled vacatoin pay. so since I completed another year, now i couldn't get that money, can they do that? Last thing what about end of year bounes?
2 Answers from Attorneys
Re: Vacation pay & insurance
You are an at will employee, if they want to recall or rehire you they can. You've probably been paid everything you're entitled to. The only thing you have as a claim is that they are obligated to provide you COBRA conversion of your insurance, which they have 30 days post termination to offer. You then have time limits on your payment of the premiums. Contact them to demand the paperwork, late or not, if you really want and need the insurance.
Re: Vacation pay & insurance
At a minimum, your vacation pay vests monthly as earned. Once earned, it is like a wage and cannot be taken from you if unused. If your employer was providing medical insurance, then they are required to continue providing coverage through COBRA. The end of year bonus is more difficult to recover. If you are serious about representation, feel free to contact our office. We handle these types of cases.
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
