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socrateaser
socrateaser, Lawyer
Category: California Employment Law
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Experience:  Retired (mostly)
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I was terminated from my California employer after 7 years

Customer Question

I was terminated from my California employer after 7 years of employment and only received my final check. This happened a week ago. To date I have received no additional documentation from employer. From what I understand as a CA employee HR should have provided me with a number of different document (EDD, Benefit info, Shane of status etc). I have reached out to our employee relations on Tuesday asking about my personal belongings, medical benefit questions, however I have not received a response not anything in the mAil. What are the consequences if a large corporation does not provide me with the legal documentation they are required to?
Submitted: 8 months ago.
Category: California Employment Law
Customer: replied 8 months ago.
Posted by JustAnswer at customer's request) Hello. I would like to request the following Expert Service(s) from you: Live Phone Call. Let me know if you need more information, or send me the service offer(s) so we can proceed.
Expert:  socrateaser replied 8 months ago.

Hello,

There are two types of "consequences" that an employer may be exposed to, if it violates either California or federal labor laws: damages owed to the employee; fines owed to the government.

If you were provided with your final pay, then you likely have no claim for damages against the employer, because you are not owed anything.

If you were not provided with legal notice of your change in status, then that is a misdemeanor, and you can file a complaint with the Employment Development Department (EDD).

There are other notices, such as your right to continuing health care benefits (COBRA), but the employer has 30 days to provide that notice.

I see that you have requested a phone call. If that's something you still believe that you need, I will send you a premium services offer (however, customary legal services fees will apply).

I hope I've answered your question. Please let me know if you require further clarification. And, please provide a positive feedback rating for my answer -- otherwise, the website retains your entire payment, and I receive nothing for my efforts in your behalf.

Thanks again for using Justanswer!

Customer: replied 8 months ago.
Hi, this is what I found on SHRM
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SHRM » Templates & Samples » HR Q&As
What notices or forms must employers provide to terminating employees in California?
1/26/2016
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Federal laws require some forms and notices to be given to employees upon termination, but California has additional requirements that employers need to be aware of. Although this should not be relied on as an exhaustive list, below are the specific notices or forms we are currently aware of that California employers should provide to terminating employees.Federal RequirementsFor employers with 20 or more employees, a Consolidated Omnibus Budget Reconciliation Act (COBRA) notice and election form needs to be provided to employees who are participating in the employer’s group health plan the day before the termination and to any of the terminating employee’s dependents on the plan.
If termination is due to a layoff or position elimination covered under the WARN Act, notices need to be sent out 60 days prior to termination.
The IRS requires notices to terminating employees within certain time frames to advise them of their rights to retirement benefits.
California RequirementsThe California Employment Development Department (EDD) requires employers to provide their unemployment benefits pamphlet, For Your Benefit, DE 2320, to all discharged or laid off employees no later than the effective date of the discharge or layoff.
California Unemployment Insurance Code 1089 requires employers to give a written Notice to Employee as to Change in Relationship form to all discharged or laid off employees immediately upon termination. No written notice is required if it is a voluntary quit, promotion or demotion, change in work assignment or location (some changes in location require a WARN notice), or if work stopped due to a trade dispute.
The Department of Health Care Services requires employers with 20 or more employees to provide the Health Insurance Premium Payment (HIPP) notice, DHCS 9061, to certain employees covered under the program.
Employers must notify any covered, terminated employees of their Cal-COBRA continuation rights. Cal-COBRA must be offered to both terminated employees of small employers (2-19 employees) and terminated employees covered under federal COBRA when their 18 months of federal COBRA coverage expires.
California Labor Code Section 2808(b) requires employers to provide to employees, upon termination, notification of all continuation, disability extension and conversion coverage options under any employer-sponsored coverage for which the employee may remain eligible after employment terminates.
The Worker Adjustment and Retraining Notification Act requires certain employers to give affected employees at least 60 days written advance notice of any plant closing or mass layoff.Express RequestsThe HR Knowledge Center has gathered resources on current topics in HR Management. Click here to view and request information.All of the content on this page, including content associated with Express Requests is for informational purposes only and not for the purpose of providing legal advice. You should always contact your attorney to determine if this information, and your interpretation of it, is appropriate to your particular situation.Permissions
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Expert:  socrateaser replied 8 months ago.

That's great research. However, the bot***** *****ne for the purposes of your question is whether or not you can receive damages for the failure to receive notices, or whether you want to complain to the Employment Development Department (EDD) -- which may result in the employer being fined -- but, it won't get you any additional money. Nor will it result in your employment being reinstated.

Most people who come to me with employment related claims are looking for compensation for not being paid wages due, unpaid vacation, reimbursement for expenses, denial of retirement or stock benefits -- or for suffering unlawful discrimination based upon race, color, nationality, religion, sex, age or disability. If you are merely looking for the required notices, then you've found them via your own research. There would be no point in my "reinventing the wheel."

If you're looking to discuss one of the other issues that I've descried, then you can accept the premium services offer and we can take the matter offline, so that you have the benefit of an attorney-client relationship, which will permit you to provide confidential information, such as the employer's identity and the precise nature of your claims.

Otherwise, if you have a specific question about any of the various notices that you believe you haven't received, feel free to ask, and I'll try to clarify the issue for you.

I hope I've answered your question. Please let me know if you require further clarification. And, please provide a positive feedback rating for my answer -- otherwise, the website retains your entire payment, and I receive nothing for my efforts in your behalf.

Thanks again for using Justanswer!

Expert:  socrateaser replied 8 months ago.

Hello again,

I see that you have reviewed my answer, but that you have not provided a rating. Do you need any further clarification concerning my answer, or is everything satisfactory?

If you need further clarification, concerning this matter, please feel free to ask. If not, I would greatly appreciate a positive feedback rating for my answer -- otherwise the website retains your entire payment, and I receive nothing for my efforts in your behalf.
Thanks again for using Justanswer!

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