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, Lawyer
Category: California Employment Law
Satisfied Customers: 5299
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

My spouse is an RN within the California Nursing Assoc. (CNA)

Resolved Question:

My spouse is an RN within the California Nursing Assoc. (CNA) at a local hospital. Per her contract, she is entitaled to a $150.00 monthly stipend since she does not take healthcare benefits. This was new to her contract 4/2011. My spouse was not informed of this until 12/2011 at which time she gave my medical insurance information to prove she had coverage thorugh my employer. It should be noted, that my spouse never had medical coverage with the hospital for the 5 years she worked there. Additionally, the request to deny medical coverage was done at her initial time of hire. The hospital initially denied her claim because they stated she did not work enough hours. They changed their tune when the realized she was on maternity leave. Now the hospital is stating that she did not request the stipend during open enrollment 4/2011. I think this is a little ridiculous seeing as she NEVER had medical coverage and did not need to change her status. Do I file with DFEH, or just sue. Also, the contract states nothing of an open enrollment period, time to file, request, nothing. The union has tried and is suggesting legal action…. What course should we take… Bryan
Submitted: 5 years ago.
Category: California Employment Law
Expert:  Fran-mod replied 5 years ago.
Hi, I’m a moderator for this topic and I wonder whether you’re still waiting for an answer. If you are, please let me know and I will do my best to find an Expert to assist you right away. If not, feel free to let me know and I will cancel this question for you. Thank you!
Expert:  Joseph replied 5 years ago.
Hello and welcome to JustAnswer.

Your wife should file a claim with the DFEH for discrimiantion on the basis of her taking maternity leave.

She can file a claim using the instructions available online here:

The DFEH will investigate the claim on her behalf and either file suit on her behalf or issue her a right to sue letter so she can pursue her claim against her employer through a private attorney.

Customer: replied 5 years ago.
Take out Maternity issue, caught that too early on. Is there a protected issue or hostile work enviroment issue as to the denial since it is not stated in the contract. Also, contract states nothing of OPEN Enrollment, they are using this as a scape goat. If I sue, can I go small claims for the amount listing me argument or am I not allowed to go small claims? I think they would rather pay the 800 to 1000 dollars now rather than hire an attorney to defend the issue.
Expert:  Joseph replied 5 years ago.
Unfortunately, unless the reason was based on discrimination against your wife, there wouldn't be a hostile work environment or discrimination issue.

If your wife decides to sue, she could go to small claims court to file the claim, however, the employer wouldn't need to hire an attorney to represent itself in small claims court.

Your wife could also file a wage claim with the Department of Industrial Relations for the unpaid stipend.

She can file a claim using the instructions available here:
Joseph, Lawyer
Satisfied Customers: 5299
Experience: Extensive experience representing employees and management
Joseph and other California Employment Law Specialists are ready to help you

Related California Employment Law Questions