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socrateaser, Lawyer
Category: California Employment Law
Satisfied Customers: 39174
Experience:  Retired (mostly)
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I was hired at a non profit agency almost one year ago. I

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I was hired at a non profit agency almost one year ago. I was hired PT but turned full time within a couple months. I have continued to work full time. In the handbook it says full time employees recieve medical and other benefits. I have not recieved any benefits but given stall tactics every time I ask. There have been pay reductions due to budget cuts. I've gotten the pay cuts but no benefits. Is there any recourse? I otherwise love the job.
Submitted: 5 years ago.
Category: California Employment Law
Expert:  socrateaser replied 5 years ago.
The state Labor Commissioner can prosecute an employer for failing to pay wages, but not health care benefits. This leaves you with the only option being hiring a lawyer and filing suit for the employer's breach of contract, as provided for in your employee handbook.

If you can show that the benefits denied are discriminatory, e.g., based upon your sex (likelihood of pregnancy, etc.), then you could force the employer to maintain your employment. If not, then you could lose your job, because there would be nothing to stop the employer from terminating you.

Also, unless the amount of your damages are sizable, the cost of hiring a lawyer, could overwhelm your recovery. So, while you may have a valid claim, the risks associated with suing could put your job (and your wallet) at some considerable risk.

If you want to pursue this further, then for an employment rights attorney referral, see this link.

Please understand that I "justanswer" questions “about” the law. I have no interest in providing you with anything less than a completely satisfying answer. However, if the law does not favor your unique circumstances, then the best that I can do is to explain what the law "is" and what it "is not."

Hope this helps.


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Customer: replied 5 years ago.

Thank you for your help. It was exactly what I needed to know. I'm glad I asked you.



Expert:  socrateaser replied 5 years ago.
You're welcome and good luck.
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