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Patrick, Esq.
Patrick, Esq., Lawyer
Category: California Employment Law
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Experience:  Significant experience in all areas of employment law.
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Concord California My employer stated my last day working

Resolved Question:

Concord California
My employer stated my last day working would be June 29th, Friday, but I would be considered employed until July 1st. This is important as my health coverage would cover through July at a lower rate than what Cobra would charge. They told this to 3 other employees. I received a letter from Cobra stating my health coverage terminated June 30th. I now need to scramble to obtain health coverage, when I would have set up coverage to begin July 1st. Do I have recourse against this employer?
Thank you, XXXXX XXXXX
Submitted: 2 years ago via EmployeeIssues.
Category: California Employment Law
Expert:  Patrick, Esq. replied 2 years ago.
Robert,

Hello and thank you for entrusting me to answer your question. My goal is to answer your question completely and thoroughly and to provide excellent service.

I am very sorry to hear that you were let go from your former position and that your health coverage did not extend into July, forcing you to pay the COBRA premium.

Unfortunately, no cause of action would typically arise against your employer in this instance. Absent an employment contract guaranteeing employment for a specified period of time, employment in the state of California is presumed to be "at will." More specifically, California Labor Code Section 2922 provides that: "employment, having no specified term, may be terminated at the will of either party on notice to the other."

What this means is that an employer is free to terminate employees for any reason whatsoever at any time whatsoever, even a reason that is entirely unfair, unless the underlying motivation is discriminatory or otherwise in violation of California law.

Thus, an employer can tell someone that they will be kept on until a certain date but retains the freedom to terminate them before that date. No law is broken in that process.

Again, I very sorry to deliver this news to you, as I realize this is not what you were hoping to hear. If it is any consolation, I believe the laws of "at will" employment are unfair in this respect. Of course, you are here not because you want an opinion on what the law should be, you are here because you want to know what the law actually is in this instance. Accordingly, I trust that you will appreciate receiving accurate legal information in respone to your question.

I sincerely XXXXX XXXXX this information helps you and I wish you the best.

If you do not have any further concerns, I would be very grateful if you would give my answer a positive rating and click submit, as this is the only way I will receive credit for assisting you. If you have any additional concerns that you would like me to address, please feel free to let me know by hitting the REPLY or CONTINUE CONVERSATION button and I will be more than happy to continue assisting you.

Finally, please bear in mind that none of the above constitutes legal advice nor is any attorney client relationship created between us.

Thank you and very kindest regards.

I realize that this is incredibly unfair, but I trust that you will appreciate receiving accurate legal information in response to your question.
Customer: replied 2 years ago.
I am not disputing the termination, if my employer had been straight and stated my last day would be the 29th and my health coverage would end on the 30th, then i would have provided health coverage to commence on July 1st, now I must scramble to obtain coverage. This issue may not warrant the need for an attorney, but would i have a case in small claims court?
Expert:  Patrick, Esq. replied 2 years ago.
Robert,

Thank you very much for your reply. Trust me when I tell you I wish I could say that a viable cause of action arises from the facts you have described. But if I said that just to say that I would only be doing you a disservice by encouraging you to pursue a legal claim without merit.

I recognize the inqeuity in what has occurred, but the botXXXXX XXXXXne is that the doctrine of "at will" employment permits this sort of inequity. There is generally no recourse for an employee who is terminated earlier than when their employer initially stated they would, even if it produces an unfair result such as this.

Again, I am very sorry to deliver this news to you, but I would be doing you a disservice by telling you anything other than what I have.

Again, I sincerely XXXXX XXXXX this information helps you and I wish you the best. If I have answered your question, I would be very grateful for a positive rating of my service so that I may receive credit for assisting you.
Patrick, Esq., Lawyer
Satisfied Customers: 6692
Experience: Significant experience in all areas of employment law.
Patrick, Esq. and other California Employment Law Specialists are ready to help you

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