California Employment Law
California Employment Law Questions Answered by Legal Experts
Just to clarify -- the COBRA notice referenced 75 "end of employment" date. The HR person emailed that that date came from me -- not them. Because I referenced an "effective termination date" of 7/5 -- they took that to be a "voluntary termination".
Outside of discussion of that COBRA letter, no one from the company has ever said anything about termination or end of employment.
I consulted Tina on that date -- and a Deputy Labor Commissioner. Both agreed on 7/5 because it was the last day I performed any work.
I think this legal counsel is involved because they want to make some kind of offer (she contacted me yesterday saying that they wanted some kind of "resolution" by next week -- which was improvement over last month when she emailed saying she didn't know why I was writing to her as she no longer worked for my co.)
So can a company really get away with no pay & no communication indefinitely? Can they argue that I am still employed?
DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).