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Joseph
Joseph, Lawyer
Category: California Employment Law
Satisfied Customers: 5299
Experience:  Extensive experience representing employees and management
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hello, i was employed by HCL America (multinational co), appt

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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?
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 4 years ago.

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


i was disabled on 7/6/07


 

Thanks for the additional information, I'll get back to you shortly.
Customer: replied 4 years ago.

ok

thanks
Customer: replied 4 years ago.

are you going to reply...


 

Yes, please be patient. Thank you.
Customer: replied 4 years ago.

wait longer??


 

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 and other California Employment Law Specialists are ready to help you
Customer: replied 4 years 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 4 years 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.

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 4 years 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 4 years 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 4 years ago.
Relist: Incomplete answer.
need another answer to my last question only
Customer: replied 4 years 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.

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.