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djgram
08-08-2006, 04:36 PM
It seems that a layoff is imminent for 2 of the 4 employees at the small company I have been employed at for 20+ years. The remaining employees will be husband and wife. What does California law have to say about any benefits available to those involved in the layoff? Also, due to the fact that I am the employee that completes any forms, whether it be taxes or whatever, how can I be assured that the proper paperwork will be filed for unemployment due to layoff? What timeframe for completion is required by the employer? Thanks!

Pattymd
08-09-2006, 03:24 AM
The only thing that would appear to apply here is that your accrued vacation must be included with your final check and, since this will be a involuntary termination, that check is included on your final work day. Even if you have company medical insurance, the employer is so small that they don't fall under COBRA requirements.

My recollection is that, if a company goes out of business, all tax returns, etc., must be filed within 30 days. But, if you're the one doing it, and you get laid off, I'm sure they'll find someone to do it. It's likely (or at least, advisable) they have an accountant or other financial advisor that will take care of it; there are lots of things involved with closing a business.

Good luck to you.

cbg
08-09-2006, 10:03 AM
State law in CA would require that if there is health insurance, even this small a company would still have to offer continuation; that is, if the health care plan was continued for the remaining active employees. In CA (and in several other states as well) there is a state law mirroring COBRA that covers between 2 and 19 employees.

Pattymd
08-09-2006, 10:06 AM
Thanks for the additional info, cbg. Ain't California law fun? :rolleyes:

cbg
08-09-2006, 11:08 AM
Yes, but in this case, CA is in the majority. A great many states have such a requirement for small groups; in fact, a quick glance suggests that only four states do not.

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