September 2006
WIN AT WORK MONTHLY
A Community Service of SESSIONS & KIMBALL LLP, Employee Rights Attorneys
Win at Work	Employee Rights Update
CONTINUING HEALTH INSURANCE Losing your health insurance, along with your job, could be devastating. According to law, your employer must provide notice of your opportunity to continue your health insurance if your employment ends for any reason, except for gross misconduct. There are substantial penalties for failure to notify employees of this provision. You may continue health insurance for 18 months or more after being fired, quitting, having your hours reduced so you no longer qualify for coverage, and being laid off. However, coverage can end if you don’t pay the premiums, your employer terminates the group health plan for all its employees, you become eligible for Medicare, or you become eligible for another group health plan. Your medical insurance rights are especially important if you, or someone in your family, is uninsurable at the time you lose your job. At least continued health insurance coverage gives you time to look for other options.	SUPREME COURT REAFFIRMS "AT WILL" The California Supreme Court has recently reaffirmed the long established “at will” doctrine in an employment case called Dore v. Arnold Worldwide, Inc. “At will” employment means that either the employee or the employer can end the employment relationship at any time. Employers like this idea because they don’t like to make long-term contractual commitments to employees. Employees on the other hand want job security and believe that the employer gives them assurances of continued employment. The “at will” doctrine is frequently attacked in employment disputes. One method of attack has been by alleging an implied contract not to terminate except for cause. The Supreme Court has confirmed that language in employment documentation that conveys the “at will” concept will be enforced and that ambiguities will not be determined without strong evidence. Employees will now have a more difficult time avoiding “at will” employment unless they have discrimination and retaliation claims. However, employees can also have other types of civil claims against their employer that allege violations of statutes, defamation, invasion of privacy or infliction of emotional distress. Peter W. Taylor, Attorney
Look for our answers to employees’ questions in the “Life and Work Q & A” column of the Orange County Register’s "Business Monday" magazine. E-mail us at info@job-law.com to have your address added or removed from our monthly mailing list. For more employee rights information or for past issues of Win at Work Monthly, click here for our website, job-law.com; here to order our book, Employee Rights in California; or contact our office directly at 23456 Madero, Suite 170, Mission Viejo, CA 92691, (949) 380-0900, (800) 774-7494, info@job-law.com. The Win at Work portion of Win at Work Monthly is from our ongoing syndicated column, which appears in the Los Angeles Times’ “Career Builder Magazine” and elsewhere. Win at Work Monthly is intended for general information and should not be construed as legal advice or opinion. Readers in need of legal advice should promptly retain the services of an attorney. ©2006 by Sessions & Kimball LLP