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Category: California Employment Law
Satisfied Customers: 1258
Experience:  I have 30 years of experience in the practice of law, including employment law and discrimination law.
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An employee work 15 years for one company. Her hours are reduced following a merger and s

Customer Question

An employee work 15 years for one company. Her hours are reduced following a merger and she leaves the company. One year later she returns to the first company. H.R. tells her she must wait for one year to reinstate her employment benefits. It was my understanding that ERISA requires employers to reinstatement these benefits immediately upon return to the job if the employee was gone for less time than she was previously employed. Which is correct?
Submitted: 5 years ago.
Category: California Employment Law
Expert:  Patrick, Esq. replied 5 years ago.
Hello and thank you for entrusting me to answer your question. Was this employee under COBRA? What benefits is she seeking reinstatement of? Thank you.

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