• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

Business interruption insurance

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

Greatemployee

New member
What is the name of your state?California
I was employed at a restaurant that caught fire. They had business interruption insurance for up to a year or opening and has paid all the staff our regular wages. After a few months I was fired (wrongfully) and they said my payments would continue. Now they paid me and I have filed suit for sexual harassment and wrongful termination. But now they have stopped paying me. Is this allowed? Or are they retaliating? Can they pick and choose who gets a check? Or once terminated can they stop paying that person as you are no longer an employee? I know others that are still getting paid and have new full time jobs with no intent to go back.
 


adjusterjack

Senior Member
Business Interruption coverage pays the owner for his loss and allows him to keep key employees, if he wants to.

Who he chooses to pay is strictly optional.

You sued him. Should come as no surprise that he's not going to pay you anymore.

Call it retaliation if you like. Doesn't mean anything nor does it help your lawsuit.
 

PayrollHRGuy

Senior Member
You say you sued him for sexual harassment and wrongful termination. One generally does not get paid once they are terminated.
 

Taxing Matters

Overtaxed Member
You sued him. Should come as no surprise that he's not going to pay you anymore.

Call it retaliation if you like. Doesn't mean anything nor does it help your lawsuit.
Actually, if it was in retaliation for filing the lawsuit, that too would be illegal discrimination. The federal Civil Rights Act prohibits an employer from taking action against an employee for enforcing his/her rights with regard to illegal discrimination. That includes retaliation for filing a lawsuit claiming illegal discrimination. This is something that a lot of employers don't seem to understand, and it can cost them.
 

cbg

I'm a Northern Girl
But if she was terminated, be it legally or illegally, I can't understand why she would expect the employer to continue paying her.
 

Taxing Matters

Overtaxed Member
But if she was terminated, be it legally or illegally, I can't understand why she would expect the employer to continue paying her.
That's true. Once terminated, one would expect that the employer wouldn't pay anymore. If the reason for not paying was the termination, then that's not illegal.
 
Sponsored Ad

Top