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  1. #1
    Join Date
    Nov 2013
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    3

    Question Resignation Date vs Date of Employment Effectively Ending According to the Company

    My question involves labor and employment law for the state of: California
    I received a letter in the mail a week ago from my last place of employment stating that effective sometime last month that my employment with them had ended.
    It also included information about health benefits and my 401k. Its been well over five months since I first turned in my letter of resignation and more than 4 months since I worked my last day for them.
    I mentioned I found this all odd to a friend and he suggested I contact HR to have them cut me a check for penalties owed. He pointed out some ways the company was in violation but he isnt a lawyer and I didnt want to call HR, be in the wrong and make a fool of myself so I was hoping for some clarification before do. I hope this is enough info to go on. Sorry, I didnt want to post actual dates. Any help would be appreciated. Thanks.

  2. #2
    Join Date
    Apr 2009
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    Somewhere near Canada
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    35,894

    Default Re: Resignation Date vs Date of Employment Effectively Ending According to the Compan

    What is your goal, exactly?

  3. #3
    Join Date
    Nov 2013
    Posts
    3

    Default Re: Resignation Date vs Date of Employment Effectively Ending According to the Compan

    I loved working for the company but management was not the best when it came to getting me the paperwork needed to do my job efficiently. It now annoys me to learn that the same lack of care was taken when they were handling my personal paperwork. If they do owe me money in penalties I want to collect.

  4. #4
    Join Date
    Apr 2009
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    Somewhere near Canada
    Posts
    35,894

    Default Re: Resignation Date vs Date of Employment Effectively Ending According to the Compan

    Is there a reason why you didn't pursue the issue? As in, calling the employer?

  5. #5
    Join Date
    Oct 2006
    Posts
    16,474

    Default Re: Resignation Date vs Date of Employment Effectively Ending According to the Compan

    Quote Quoting Agmour
    View Post
    I loved working for the company but management was not the best when it came to getting me the paperwork needed to do my job efficiently. It now annoys me to learn that the same lack of care was taken when they were handling my personal paperwork. If they do owe me money in penalties I want to collect.
    Money in penalties for what?

  6. #6
    Join Date
    Dec 2009
    Location
    Lake Chapala
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    3,043

    Default Re: Resignation Date vs Date of Employment Effectively Ending According to the Compan

    Really, what penalties are you talking about?

  7. #7
    Join Date
    Jun 2006
    Location
    Massachusetts
    Posts
    24,521

    Default Re: Resignation Date vs Date of Employment Effectively Ending According to the Compan

    The only thing I can see where there would be penalties due would be on the delay in providing COBRA information - IF your insurance coverage actually ended four months ago and was not actually continued, either deliberately or accidentally, till last week. If the insurance was continued, even by accident, then no penalties would be due there, either. The timing of COBRA notification is statutory.

    However, there is no requirement that you be notified in writing of your employments end so there are no penalties there. And the law does not require that they notify you of your 401k information - they are allowed to wait for you to request it, unless your plan document very specifically states otherwise. So there's no penalty there, either. I presume that if you did not receive all the pay that was due you, you would have said so - correct?

    So, other than the above, what penalties are you talking about?

  8. #8
    Join Date
    Nov 2013
    Posts
    3

    Default Re: Resignation Date vs Date of Employment Effectively Ending According to the Compan

    I am here because I am not sure about any of this. When I mentioned to my friends that I was annoyed at the delay of my all paperwork they started listing things I should look into.
    I didn't sign up for insurance through the company because I was already on my wife's insurance and it was the same exact plan but I didn't receive information about COBRA until 4 months after resigning from my position. Even though I probably wouldn't have signed up for COBRA, I was told it should have still been sent to me earlier. I was told that paper work regarding the 401k should have been sent to me within 45 days of my resignation. I was told I should have received a pay stub every pay period up to the date that employment ended. I opted for electronic deposit and everything paperless but I cant access any of my pay stubs or any other information because I no longer have access to the employee portal. I was also told that they may owe me for the difference between resignation date and employment ending date, which is almost a 5 month difference. My friend mentioned this has happened at their place of business numerous times and that his boss blows a fuse when the paperwork isn't handled correctly and on time because it costs the company in penalties payed out. I don't know if any of this is accurate or applies to me. None of my friends a layers or work in HR and that's why I am here asking if any of this is correct or worth looking into further.

  9. #9
    Join Date
    Sep 2011
    Location
    OH10
    Posts
    17,019

    Default Re: Resignation Date vs Date of Employment Effectively Ending According to the Compan

    Solves that problem. You were never eligible for COBRA. Nothing lost.

  10. #10
    Join Date
    Dec 2009
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    Lake Chapala
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    3,043

    Default Re: Resignation Date vs Date of Employment Effectively Ending According to the Compan

    Still can't see any penalties...

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