California Employment Law
California Employment Law Questions Answered by Legal Experts
THe HR head wrote to me yesterday offering to "reinstate" health insurance as the company still has not given me back pay. I filed with the CA Labor Board last week for wages, severance, vacation, expenses, unlawful deductions & waiting time penalties. Will accepting this offer of health insurance undermine my claim? Thank you!
I'll wait - thank you.
Yes - please do. I will have to give a lot of background info to bring someone up to speed.
That would be great if you could look at all of my earlier postings -- obviously please ask any questions you need to.
I very much appreciate your thoughtful response. I wrote a long timeline to you but it seems to have gotten lost. When I wrote the demand letter I referenced a 7/5 date as the "effective termination" date" (because I have never been formally terminated and that was my last day of work.) On 8/5 I received a letter from ADP saying that I was no longer on health insurance and that my "end of employment" was 7/5 and I had to start making COBRA payments. I wrote to my co. and received an email from an HR flunky saying that I had retroactively "voluntarily terminated" myself as of 7/5. I wrote back asking her to send all of my correspondence to an HR/legal professional. Then I got back a very conciliatory email from the head of HR offering to reinstate the health insurance - but still asserting that I had "requested COBRA" and that's what caused the misunderstanding. I never "requested COBRA" - on 7/25 I emailed asking what the "status of health insurance" was given that the last notification from the co. on 7/2 said that the co. was paying health insurance through the end of the month.
Question: I have already filed this claim with the CA Labor Board. Should I correct these 2 false assertions in writing (that I "voluntarily terminated" myself and "requested COBRA") or let it go and sort it out with the Labor Board?
OK - that was what I was hoping you would say. My only other concern -- I live in Rhode Island. Have always lived in Rhode Island and have always worked from home. Can that pose a problem with the CA Labor Board? (i.e. they only represent CA residents)? My employment contract is with a CA company and is under CA law.
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