termination status

[frqutn]

What is the name of your state?ca

I had an agreement with my employer for my severance pay. If company lay me off with no good reason, they have to pay me few months of salary. The company now claims that they run out of money. They can not pay my salary and instead, they pay my co-pay portion of my health insurance. They won't give me the termination letter or lay me off.
Now I can not collect unemployment. My status is still employed but no pay. What is my right? Can I suit company to continue paying my salary? Can I force company to release me (layoff)?

 

[cbg]

I had an agreement with my employer for my severance pay.

What kind of agreement? Verbal? Written? If written, in what form? Offer letter? Employment contract?

If company lay me off with no good reason...

And does the agreement say who gets to decide if it's a good reason or not?

The company now claims that they run out of money.

That happens. You can't get blood out of a turnip.

They can not pay my salary and instead, they pay my co-pay portion of my health insurance

Well, that's something anyway.,

They won't give me the termination letter or lay me off.

The law does not require them to do either.

Now I can not collect unemployment.

Why not?

My status is still employed but no pay

They cannot require you to work without paying you. However, if you are not going in to work every day, no law requires them to terminate you and they don't have to pay you when you don't work.

What is my right?

You have the right to be paid when you work. You have the right to file for unemployment when you don't work.

Can I suit company to continue paying my salary?

Only if you have a bona fide, enforceable CONTRACT (not an offer letter, not an employee handbook) that guarantees it, OR if you are still actually working. In that case you would file a complaint with the state DOL.

Can I force company to release me (layoff)?

No.