Q: My employer gave me less than 24 hours notice that my benefits would be cancelled.
My employer sent me an email with less than 24 hours notice that my benefits would be cancelled. She let me know once I asked the day that they we're to be cancelled that I no longer had benefits even though I have diagnostic testing being completed as well as I am in weekly therapy that I can no longer attend due to this. I am distressed due to missing my therapy sessions because of her negligence. I let her know that according to Labor Code §2806 that she was supposed to inform me with15 days notice and she said she didn't need to inform me about anything and that it was my responsibility to keep track of my hours and benefits. I had to reduce my hours due to getting in an accident where my main mode of transportation to work was totaled. I have no way of using public transportation as the last bus leaves before I get off of work. Is this legal?
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- California
- (916) 704-3009
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- Answered
A:
Under California law, your employer is required to give you sufficient notice before canceling your benefits. According to California Labor Code §2806, employers must provide at least 15 days' notice before terminating employee benefits. This means that your employer's action of giving you less than 24 hours' notice is not compliant with state regulations.
Given your situation, where you need ongoing medical treatment and therapy, the abrupt cancellation of your benefits without proper notice has significantly impacted your well-being. Your employer's claim that you are responsible for tracking your hours and benefits does not negate their obligation to inform you in advance about such critical changes. The law aims to protect employees from unexpected disruptions to their healthcare and other essential benefits.
You should consider addressing this issue directly with your employer again, citing the specific labor code and the impact it has had on you. If they remain unresponsive, you might want to seek advice from a legal professional who can provide you with guidance on how to proceed. This could involve filing a complaint with the California Labor Commissioner or exploring other legal remedies to ensure your rights are protected.
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