California Employment Law
California Employment Law Questions Answered by Legal Experts
Do the same laws apply in MA, I noticed the reply mentions CA law? Also, the Medical insurance is under the employers policy but is 100% pd for the employee by a weekly deduction. Is the employer required to maintain the insurance if the employee continue to pay ?
After the question was posted it came up under CA law and it did not give me an option to change it. Should I continue with you or Transfer to a MA law expert?
My follow up question is should he resign from the job now? The job requires heavy lifting and other duties he will not be able to do. The Dr's have told him he will most likly( depending on the outcome of the surgery and the recovery) be best suited for a desk job for which he has no training. Please advise or transfer me if you think I should be working with a MA expert. Thank you for the advise you have provided so far. I'm happy to continue to work with you if you ca provide info that pertains to MA.
Thank you, XXXXX XXXXX as the medical insurance coverage you said he be covered under cobra for a co with 20 plus employees. This company does not have 20 more like 5-10. If he makes arrangements to cover the payments can they still drop him from coverage? Is there anything he can do? The surgery is this month which is already pd for because we pay a month in advance. What will happen at the end of the month and do you have any advice as to what he should do? He needs highly skilled Drs and Hospitals and will need lifelong care and follow up.
Here is where it gets confusing... He will be working up until the day before he is hospitalized. At that point he will just not be showing up for work for an unknown period of time.
He will not be terminating his employment nor will his employer be laying him off or terminating his employment. The Co is a sub chapter S Corp but, they do not have any policy's procedures employment quidelines etc. it is basically what ever the owner dictates at any given time and he is never rational or consistant on any decisions, never puts anything in writing, and changes his mind and goes back on his word on a dailybasis. So, basically he has no idea where he stands and, at this point the employer is not committing to anything and is taking a wait and see what happens approach.
BotXXXXX XXXXXne the question is... if he has not quit, has not been laid off or terminated, is he still employed? What needs to happen by law to determine his employment status and, if no action is taken is he technically still employed by the company? If yes, do they still have to offer him the option to continue to pay for med insurance under the same plan?
It is clear to me that his employer does not want to lay him off because he would be eligable for unemployment and his rates will go up and he has no grounds to fire him!
So now what ? Can his employer be forced to take a stand on his employment status?? Ideally if he was laid off that would be the best possible scenario for him finacially and emotionally. I really appreciate your advice thus far and if you have any thoughts/advice on what he can do to get some type of finacial aid to pay mortgate, car payment etc.during this difficult time it will be greatly appreciated. Thanks again for all your help!
So now what ? Can his employer be forced to take a stand on his employment status?? No. If the employer chooses to allow him to be a non-working employee and still pay for medical coverage--great, if not, there is little he can do about it. Ideally if he was laid off that would be the best possible scenario for him financially and emotionally. I really appreciate your advice thus far and if you have any thoughts/advice on what he can do to get some type of finacial aid to pay mortgate, car payment etc.during this difficult time it will be greatly appreciated. Thanks again for all your help!
There is no free money out there---I can assure you of that. If his disability will last longer than a year he can apply for social security disability. Otherwise---there is little for him in the way of government benefits.
Thank you for your kind words. They are appreciated. Please keep in mind that until you rate me highly for my service, I will not be credited with helping you. Thanks again. Have a great day, Doug
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