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On Doctor directed part-time..terminated California

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  • On Doctor directed part-time..terminated California

    Just got this letter from my employer;
    some background, I went on maternity leave (not FMLA I wasnt eligible)
    any suggestions would be much appreciated..I would love to keep my benefits for longer than just the end of this month

    XXX has accommodated your request for a part-time schedule of 12 hours per week, 4 hours per day since September 2009. Although originally you were scheduled to return to work full time on December 7, 2009, unfortunately you were unable to return on that date. On December 9, your doctor provided another letter requesting a further extension of your part-time schedule through January 1. XXX agreed to this extension. When you were unable to return in early January, XXX agreed to a final extension of your leave until January 11. You advised on January 6 that you would be unable to return on January 11 and that may be able to return "some time in February."

    We regret to inform you that due to the business needs, XXX can no longer continue your part time schedule. Since you are only working twelve hours per week, you are not fulfilling many of the essential functions of your job. Your limited availability is adversely affecting the team. At this juncture, your employment with XXX will be terminated effective January 25, 2009 unless you can return to work full time by that date. If you cannot return to work full time on January 25th, benefits will continue through the end of January. You would be eligible to re-apply for employment when you are able to work full time.

  • #2
    prior thread was http://www.laborlawtalk.com/showthread.php?t=244545.

    Did you have any current specific questions?
    Too often we underestimate the power of a touch, a smile, a kind word, a listening ear, an honest compliment, or the smallest act of caring, all of which have the potential to turn a life around. Leo Buscaglia

    Live in peace with animals. Animals bring love to our hearts and warmth to our souls.

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    • #3
      Questions;

      -I would like to get my benefits extended past end of January, anyone have any suggestions on how I can brooch that.

      -also HR person states that I am not fullfilling my essential job functions, I have asked to be given actual work but my manager refused, so Its not like I am being allowed to do my job..so doesnt that negate thier reason for terminating me?

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      • #4
        Response

        What benefits are you looking to prolong? Unless mistaken COBRA should allow you to extend your medical benefits. How have you been able to keep them in force thus far? Are you paying your employer for them or are they paying them? All questions that have to be answered before a better, more resolute answer can be given.

        In regards to the four hours a day and NOT being allowed to do your primary job function. I have to agree as if you typically worked an eight hour day, five days a week, and have lowered to 4 hours a day...it must be cutting into your abilities to some extent.
        Not everything in America is actionable in a court of law. Please remember that attorneys are in business for profit, and they get paid regardless of whether or not you win or lose.

        I offer my knowledge and experience at no charge, I admit that I am NOT infallible, I am wrong sometimes, hopefully another responder will correct me if that is the case with the answer above, regardless, it is your responsibility to verify any and all information provided.

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        • #5
          I am talking about company sponsored medical coverage, I currently pay $80 per month. They have offered to keep it in place until the end of the month I am wondering if I can negotiate it for a few months as they are laying me off

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          • #6
            You are free to try to negotiate it; however, the employer is not legally obligated to agree. There is nothing in the law that you can use to force them to extend your benefits, if that is what you are looking for.
            The above answer, whatever it is, assumes that no legally binding and enforceable contract or CBA says otherwise. If it does, then the terms of the contract or CBA apply.

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            • #7
              It appears to me that the company has really bent over backwards to accommodate you and you do not appreciate that. A person working only 12 hours a week is spending a very high percentage of that time just trying to get reoriented every week. Employment is a 2-way street and the company has received very little for what it has paid you since September. Your requesting that they provide you "actual work" is vague. But, I'm guessing that you expect them to spend the time to go into extra detail on providing work packages and assignments so you can come in a very limited number of hours, do a few things and go home. Having dealt with things like that, I expect that your contribution falls short of the time it takes for others to prepare assignments for you. In other words, your net contributions are negative.

              A tell tale statement in your initial post is "I would love to keep my benefits for longer than just the end of this month" not, "I really like this job and would like to be able to contribute." While cbg is right, you can try to negotiate what you can, I see absolutely nothing to motivate the company to do anything other than cut ties with you.
              Please post questions on the forum rather than sending me a private message or email. That way others who have similar issues have access to the discussion.

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              • #8
                I am talking about company sponsored medical coverage, I currently pay $80 per month. They have offered to keep it in place until the end of the month I am wondering if I can negotiate it for a few months as they are laying me off
                I didn't read that your ER is 'laying you off'... but terminating your relationship.

                Medical benefits... generally, GHP is limited to 'full time' employees. Full time defined...as a rule, 30 + hours/week. It may not be the ER terminating your GHP/health coverage, but the carrier writting the coverage.
                You should be eligible for COBRA however, those premiums are significantly higher than your current contribution.

                BTW... and I know this is somewhat off topic... most employEE"s in this country currently receive their health care coverage through their employER... many, if not most have little or no idea of the cost of that coverage. It's no wonder there is resistance to the proposed changes. Why change something you are appearantly ''happy'' with.

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