California Employment Law
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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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