Your job provides you with numerous benefits. On top of providing you with wages, most jobs also provide you with a sense of purpose, belonging, and a host of other benefits. On a practical level, benefits like health insurance, retirement, vacation days, and sick leave are all factors in how you are compensated at your job.
However, these benefits will also factor into how you can be compensated if you lose your job for unlawful reasons. In fact, certain jobs have a much higher level of benefits than others. No matter what benefits you have, when you lose them, it can throw your life into turmoil.
Lost Your Benefits? Contact Maison Law Today
Losing your job is an almost unthinkable scenario, especially if you rely on benefits like your health insurance for the medical needs of you or a loved one. Worse yet, when your employer takes illegal action to deny your benefits, you need an experienced California employment lawyer on your side to help.
Martin Gasparian founded Maison Law to help people like you in these types of situations. Going up against big companies and employers is something that our team specializes in, and we can make sure that you recover any compensation that is available to you, including lost benefits. To learn more about our process, contact us today for a free consultation.
What Are Some Common Job Benefits in California?
Under California law, your employer is actually required to provide you with certain benefits upon your hiring. These benefits-workers’ compensation, paid sick leave, and minimum wage-are actually codified in the California Labor Code. Still, there are other more common benefits that are associated with any job, such as:
- Health Insurance – This is probably the most common benefit associated with a job. Health insurance provides coverage for most medical and surgical expenses and preventative care costs that you may incur, with your employer covering the monthly premium to provide the coverage. Generally, the higher the monthly premium is, the lower the out-of-pocket costs are to you.
- Retirement Benefits – Most employers provide numerous options for retirement. The most common of these is a 401(k) plan, which allows you to set aside part of your paycheck every pay period to go into this account. From there, the company’s 401(k) plan invests that money for you, as it accrues interest the longer you work for the employer. Other retirement benefits include life insurance and pension plans for state employees.
- Sick Leave – Both California and federal law requires that your employer provide you with a certain amount of paid leave if you become ill or if you must take care of a sick family member. These laws apply to virtually all California employees, even part-time or temporary ones. However, unused sick time cannot be pursued in a loss of benefits claim.
Additionally, the Family and Medical Leave Act (FMLA) and the California Family Rights Act (CRFA) provide California employees with up to 12 weeks of unpaid leave for serious health conditions, paternity leave, or preparation for military service. - Paid Vacation and Holidays – There is no legal requirement for your employer to provide you with paid vacation and holidays, but the vast majority offer these benefits. Further, if your employer offers you paid vacation time, this is considered income. So, in the event you are fired or otherwise separated from your job illegally, your employer owes you payment for any accrued, unused vacation time. Employers can also run into trouble if they refuse to accommodate certain religious holidays that an employee may observe. If they refuse to provide this time off, they could be charged with religious discrimination.
- Workers’ Compensation – California employers, regardless of the industry they’re in, must provide workers’ compensation insurance to employees. Workers’ compensation insurance applies when an employee is injured at work or becomes sick as a result of their work conditions. Thus, workers’ comp is responsible for a variety of benefits including medical care, disability, and rehabilitation. The law also provides employees with prompt medical treatment in a workplace accident, regardless of fault.
How Do I Recover Lost Benefits in California?
No matter what violation of your employment rights has taken place, recovering damages for the loss of your benefits must be achieved through filing a lawsuit against your employer. Standing up to an employer is certainly not easy, and it requires determination and courage.
Working with our team of experienced California employment lawyers can help you determine the validity of your claim, as well as the extent of your damages and how the loss of your benefits factors in. Still, there are two main phases to any employment law claim: litigation and resolution.
Litigation
The litigation phase of your case requires a great deal of patience. Your case for damages is initiated when our lawyers file your Complaint in civil court. The Complaint lays out the facts of your case, as well as what damages you are seeking. This is where your claim for lost benefits will be officially made.
From there, it’s important to keep things in perspective. No two cases are ever alike, and the litigation process can sometimes last for years. Still, the vast majority of cases resolve much quicker.
The litigation phase of your case involves extensive “discovery”, or the actual gathering of evidence in the form of interrogatories, depositions, and producing documents. Again, determination is key, as you will likely have to relive some traumatic incidents and provide extensive records to show that you have indeed suffered losses.
Resolution
Resolution of your lawsuit typically occurs in one of two ways: settlement or trial. While it may seem like damages and lost benefits are fairly obvious, there is no guarantee of a favorable outcome in any case.
While cases can settle at any time, even during trial, your case will likely be required to enter into pre-trial mediation, where the evidence up to that point is assessed and presented to an impartial mediator. Mediation also usually includes settlement negotiations, where your lost benefits will be taken into account. If your case doesn’t resolve at mediation, trial is usually the next step.
Trials are an even bigger gamble, as your case is presented to a jury, who will determine whether or not you receive any damages. While it can be a scary proposition, our team at Maison Law is dedicated to making sure your case for compensation is placed in the best possible position to succeed.
Dedicated and Skilled California Employment Lawyers Want To Help You
If you’re like most California employees, you rely on your benefits to supplement your income and take care of any medical or financial issues that you may not expect. That’s why the loss of your job and benefits is so hurtful. Employers know that you rely on these crucial benefits, and when they illegally take them from you, you need to be compensated.
That’s where the team of experienced California employment lawyers at Maison Law can help you. We have a proven track record of success in litigating claims for lost benefits, and have hundreds of satisfied clients that can back up our approach. To find out more about how we can help you, contact us today for a free consultation.
