How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask Joseph Your Own Question

Joseph
Joseph, Lawyer
Category: California Employment Law
Satisfied Customers: 4872
Experience:  Extensive experience representing employees and management
Type Your California Employment Law Question Here...
Joseph is online now
A new question is answered every 9 seconds

hello, i was employed by HCL America (multinational co), appt

Customer Question

hello, i was employed by HCL America (multinational co), appt letter on 4/24/07 as "accounts director". I had a bypass surgery on 7/6/07 which led to "cerebral infraction"during the operation. I am undergoing rehabilitation since then and unable to work. HCL terminated my employment on 4/13/11. I had a salary of $10k + assured benefits of $4k pm. However they put me on disability insurance from 10/07 itself, denying me my expected salary + assured benefits for 4 yrs aprox. Insurance pays a gross of $7k pm.
HCL Corp is not replying to me. Do I have a legal remedy now?
Submitted: 9 months ago.
Category: California Employment Law
Expert:  Joseph replied 9 months ago.
Hello,

My name isXXXXX am a licensed attorney, and my goal is to provide you with excellent service today.

To clarify, are you asking if you should have been given your salary for 10/04 through 4/11 instead of receiving disability for that time?

To clarify, you were disabled and were not working during that time, is that correct?
Customer: replied 9 months ago.

yes, that is why i am asking for my base salary only


i was disabled on 7/6/07


 

Expert:  Joseph replied 9 months ago.
Thanks for the additional information, I'll get back to you shortly.
Customer: replied 9 months ago.

ok

Expert:  Joseph replied 9 months ago.
thanks
Customer: replied 9 months ago.

are you going to reply...


 

Expert:  Joseph replied 9 months ago.
Yes, please be patient. Thank you.
Customer: replied 9 months ago.

wait longer??


 

Expert:  Joseph replied 9 months ago.
No, you don’t have a legal cause of action here. You were disabled and not working, so your employer has no obligation to give you any of your salary, as you were on disability instead.
Your employer must only give you a salary when you are working, not when you’re disabled. (In fact, it was incredibly generous of your employer to keep you on as an ‘employee’ for three and a half years after you became disabled. Most employers will keep employees on for only a few months after they have become disabled).
They are likely not responding to you since you have no basis to a claim for this money.

I hope the above information is helpful, although I realize it is not what you wanted to hear. I sincerely XXXXX XXXXX had better news to give you, but I hope you appreciate an honest and direct answer to your question. It would be unprofessional of me and unfair to you to provide you with anything less.

Please let me know if you have any follow up or clarifying questions as I want to ensure that you are completely satisfied with my service. Please contact me first if you are contemplating leaving me a negative rating, as I’ll be happy to continue to address your concerns until you are completely satisfied with my service.

If not, please remember to rate my answer positively so I get credit for my work. (It doesn’t cost you anything extra and is necessary even though you’ve made a deposit). Please also rate me highly (9-10) when you receive your customer satisfaction survey.

Thanks and best of luck!

-Joseph

Joseph, Lawyer
Satisfied Customers: 4872
Experience: Extensive experience representing employees and management
Joseph and other California Employment Law Specialists are ready to help you
Customer: replied 9 months ago.

thanks for your reply. yes that is not what i wanted to hear because i thought they should have continued to pay my base salary less of course the disability payment. (ie 10k-7k). After all that is what the contract was...it was unfortunate that the doctors messed up, that was not my fault either....so you see i suffer both ways.....anyway thanks again.

Customer: replied 9 months ago.

joseph,


you mean they take away my medical insurance as well? I can begin to understand they dont pay me while not working but how can they not pay my medical insurance while i am still on their rolls. They cut me off their medical plans and i had to take private insurance. Is that fair.

Expert:  Joseph replied 9 months ago.
No, it's not fair, but unfortunately it is legal. Your employer is not obligated to pay your health insurance while you are on disability. Nor is an employer even required to give an employee health insurance (until next year) and can terminate it at any time for any reason with or without any prior notice.
Customer: replied 9 months ago.

Joseph, there must be some way....look at it this way...they legally applied for my H-1 visa extension as an HCL employee from sept 10 to Oct13 which they filed on may 17, 2010. Well if i was on only disability pay from 7/07 how could they they treat my as an employee when they filed for this extension. That is why they did not give me a termination letter......but without the basic pay and basic medical benefits....is that legal.


if this action is fair then i have no more questions.

Customer: replied 9 months ago.




You replied




Friday, October 18, 2013 11:17 AM EST





Joseph, there must be some way....look at it this way...they legally applied for my H-1 visa extension as an HCL employee from sept 10 to Oct13 which they filed on may 17, 2010. Well if i was on only disability pay from 7/07 how could they they treat my as an employee when they filed for this extension. That is why they did not give me a termination letter......but without the basic pay and basic medical benefits....is that legal.




if this action is fair then i have no more questions.


Customer: replied 9 months ago.
Relist: Incomplete answer.
need another answer to my last question only
Customer: replied 9 months ago.

Joseph, there must be some way....look at it this way...they legally applied for my H-1 visa extension as an HCL employee from sept 10 to Oct13 which they filed on may 17, 2010. Well if i was on only disability pay from 7/07 how could they they treat my as an employee when they filed for this extension. That is why they did not give me a termination letter......but without the basic pay and basic medical benefits....is that legal.

Expert:  Joseph replied 9 months ago.
Yes, unfortunately, it is completely legal for them to keep you on as an employee without paying you salary or medical benefits.

This is basically what is always done when an employer elects to keep an employee on while on extended disability.

JustAnswer in the News:

 
 
 
Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.
 
 
 

What Customers are Saying:

 
 
 
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
< Last | Next >
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
  • My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer. Eric Redwood City, CA
  • I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight. Michael Wichita, KS
  • PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent. Three H. Houston, TX
  • Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!! Elaine Atlanta, GA
  • It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem. Tony Apopka, FL
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C. Freshfield, Liverpool, UK
 
 
 

Meet The Experts:

 
 
 
  • LawTalk

    Attorney

    Satisfied Customers:

    912
    I have 30 years of experience in the practice of law, including employment law and discrimination law.
< Last | Next >
  • http://ww2.justanswer.com/uploads/LA/LawTalk/2012-6-6_17379_LawTalk.64x64.JPG LawTalk's Avatar

    LawTalk

    Attorney

    Satisfied Customers:

    912
    I have 30 years of experience in the practice of law, including employment law and discrimination law.
  • http://ww2.justanswer.com/uploads/MU/multistatelaw/2011-11-27_173951_Tinaglamourshotworkglow102011.64x64.jpg Tina's Avatar

    Tina

    Attorney

    Satisfied Customers:

    827
    JD, 16 years experience & recognized by ABA for excellence in employment law.
  • http://ww2.justanswer.com/uploads/PI/PIExpert/2012-7-1_152453_Attorney.64x64.jpg Brandon, Esq.'s Avatar

    Brandon, Esq.

    Lawyer

    Satisfied Customers:

    320
    Has received a certificate of recognition from the California State Senate for his outstanding legal service.
  • http://ww2.justanswer.com/uploads/PH/phoenixrising119/2012-7-26_11214_043.64x64.jpg melissamesq's Avatar

    melissamesq

    Attorney

    Satisfied Customers:

    47
    Represent clients to maximum recovery in employment cases.
  • http://ww2.justanswer.com/uploads/IG/Iggy1001/2013-11-20_23344_JApic.64x64.jpg Joseph's Avatar

    Joseph

    Lawyer

    Satisfied Customers:

    3098
    Extensive experience representing employees and management
  • http://ww2.justanswer.com/uploads/JK/jkiani22/2013-11-18_15348_JacobKiani1copy2.64x64.jpg jkiani22's Avatar

    jkiani22

    Attorney

    Satisfied Customers:

    20
    Attorney
  • /img/opt/shirt.png Legal Counsel's Avatar

    Legal Counsel

    Lawyer

    Satisfied Customers:

    32
    California Licensed Attorney- 29 years- Wages, Hours, Overtime, Discrimination, Wrongful Termination.