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I was off on June 2, 2017. I had been was there 11 years as…

I was laid off...

I was laid off on June 2, 2017. I had been was there 11 years as an admin and then the Office Manager. Was laid off due to a merger with a sister company. Was offered a 3 month contract at new location. I did most of the work I was doing as Office Manager and took on new admin duties for 3 months. Still had keys to old building and had to handle that. Was that legal?

Lawyer's Assistant: Because employment law varies from place to place, can you tell me what state this is in?

CA

Lawyer's Assistant: Is the employment agreement "at will," union, full time or part time?

At will

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

Yes,

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Answered in 5 minutes by:
3/11/2018
Legal Eagle
Legal Eagle, Lawyer
Category: Legal
Satisfied Customers: 10,379
Experience: Licensed to practice before state and federal court
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Hello! I am a licensed attorney, admitted to practice in state and federal court. I have a nearly 100% satisfaction rating (click here for more info) so all that means is that you can count on me to help today. Because I want to provide you with the most accurate answer possible, do you mind if I take a moment to review your question?

Please keep in mind that our conversation does not include an attorney-client relationship and this is for general information purposes only.

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Customer reply replied 1 month ago
I understand.
Customer reply replied 1 month ago
I don't want a phone call at this point.

Oh, that’s not a problem with the phone call. The system automatically asks if you want one, but there is no problem declining the request. One moment while I review your situation.

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Thanks so much for your patience on this.

This appears to be a classic breach of contract if they are having you do the same job, but at a different rate of pay and with a lesser title\. A breach of contract just simply means that one party was obligated to perform and they have either have not performed or have said that they will not perform. Typically, the aggrieved party is entitled to be returned to the same position they were in before the breach, including the $ that you would have earned had you stayed office manager. There’s a site that I’ve used in the past where you can find a good template for advising of a breach of contract. It's a bit easier (and cheaper) than going through litigation and I have seen it be effective in the past. If this doesn’t work, sadly, the only other option is to either go through an informal mediation or file a lawsuit in your local court. This website is also pretty cool because you can download the forms right after purchasing. Click here to get started. What other questions did you have for me today that I can help you out with:-)?

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Customer reply replied 1 month ago
I went had medical test done in July. My former employer offered my health benefits for 2 months after term date. Which was July 31, 2017. My Dr office called me while I was on the contract at new company and said that Anthem Blue Cross said I didn't have coverage for July. sending more...
Customer reply replied 1 month ago
I then called the HR Manager whom I worked with closely, and she said she would check into it and that took about two weeks. The new company handled payroll and the transmitting of employee information to our Benefits Management. She thought she had it corrected but I recieved a Cobra letter and the end date for my employment and benefits was incorrect. So I called Benefit Concepts who handle the Cobra. I was told they had two different end dates in my file. Then I received a letter from Cobra I was placed on "leave" in the system so I received Direct Pay coupons!

Interesting. So, I think that it's not going to be an issue unless your doctor is charging you for the things that would normally be covered by insurance. This happened to me once years ago when I was working for an employer and it was corrected eventually. Continue working with human resources to get that situated and make sure that you have something in writing about your termination date and your new hire date for the new company. Also, heed my suggestions about the breach of contract issue as well. I would also consider looking for a new place to work. It seems like this place has more issues than it is worth to you. Did you have any other questions for me today?

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Customer reply replied 1 month ago
The Human Resources Manager at old company tried multiple times to correct things and Payroll at new company kept screwing things up! She finally got date right with Cobra and they started my Cobra on August 1, 2017 which was correct. However my Dr tried three times to submit my claims and they were rejected each time. Initally Anthem paid them and then took it back stating I had no coverage for July.It is six months later and the claims are not paid. Last phone c
Customer reply replied 1 month ago
I don't work there any longer. My 3 month contract ended August 28, 2017. HR sent the corrected termination paperwork at least three times and copied me the last time. The company who manage the benefits have promised to pay them. How can giving incorrect term dates for insurance and termination dates be legal.

I see what you mean. I'm sorry about that. I may have misread your timeline. So, I think that all of these issues should roll into the breach of contract issue. If they are giving incorrect term dates and were otherwise having you work the same job for lesser pay, you may need to bring a cause of action. You could do it informally or if you went to court, keep in mind you have 4 years to bring an action in court in California from the date of the breach.

How else can I help you today?

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Customer reply replied 1 month ago
The contract was about $2.50 more on the hour but without the amazing benefits and I paid $90 for parking and the first week the cut me to 4 days a week. It was really this- dangle a carrot that I might have a position at new company so I would take care of the old office building, and what goes with that. Vendors, invoices training new them on the whole ball of was about the old building.

I see what you mean. So, even if the pay itself was more, if it cost you more in terms of parking and were working less, those are the damages that you could sue on to put you in the same position you were in before the breach.

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Customer reply replied 1 month ago
I see. You have given me a lot to think about. Thank you very much.

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Legal Eagle
Legal Eagle, Lawyer
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Satisfied Customers: 10,379
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Customer reply replied 1 month ago
I sure will give you stars!Have a great day!

Thanks so much!

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