I was disabled for a period of 2 weeks. Long story short i work in California for a very large company, they use a 3rd party company that will collect your disability information for you to make it easier to file your claim. You employer will then pay you your disability through normal payroll land will be reimbursed by the California State disability insurance plan.
I work a lot of overtime. about 35-45% of my pay is overtime. This 3rd party company tells me they can only take into account my 40 hours of regular pay when calculating my benefit amount in eligible for. When i called the state they tell me its whatever is your highest earning quarter during a given time frame. Since they go by earnings this would include overtime.
After this 3rd party company told me my benefit amount and it was so slow that's when i decided to fill out the paperwork for SDI myself and see what benefit amount im eligible for. This 3rd party company is suppose ot be doing this there selves but i believe them to to screwing me.
The state of California sent me a form back saying i was eligible for a amount about 40% higher than the benefit amount the 3rd party company said i was eligible for. Now here's the big illegal activity. When setting up the disability plan through this 3rd party company you had to sign a right of reimbursement form saying you allow your employer to be reimbursed by the state of California for you disability benefits your employers is paying you. Pretty simple since your getting paid through regular payroll from your employer its only right you allow the state to reimburse them.
my question is are they collecting my full benefit from the state and then only paying me about 60% of it back? The form i signed said this....
I acknowledge I am
obligated to reimburse the plan, as stated in the plan, up to 100%, or to the full extent of any net recovery.
“Net Recovery” means ALL OTHER PAYMENTS received that arise from the illness or injury, after reduction of such
payments by any attorney’s fees and other legal expenses that may be incurred in obtaining the recovery
If this is true this should be a multi million dollar lawsuit. There doing this to all employees.
I work a lot of overtime. about 35-45% of my pay is overtime. This 3rd party company tells me they can only take into account my 40 hours of regular pay when calculating my benefit amount in eligible for. When i called the state they tell me its whatever is your highest earning quarter during a given time frame. Since they go by earnings this would include overtime.
After this 3rd party company told me my benefit amount and it was so slow that's when i decided to fill out the paperwork for SDI myself and see what benefit amount im eligible for. This 3rd party company is suppose ot be doing this there selves but i believe them to to screwing me.
The state of California sent me a form back saying i was eligible for a amount about 40% higher than the benefit amount the 3rd party company said i was eligible for. Now here's the big illegal activity. When setting up the disability plan through this 3rd party company you had to sign a right of reimbursement form saying you allow your employer to be reimbursed by the state of California for you disability benefits your employers is paying you. Pretty simple since your getting paid through regular payroll from your employer its only right you allow the state to reimburse them.
my question is are they collecting my full benefit from the state and then only paying me about 60% of it back? The form i signed said this....
I acknowledge I am
obligated to reimburse the plan, as stated in the plan, up to 100%, or to the full extent of any net recovery.
“Net Recovery” means ALL OTHER PAYMENTS received that arise from the illness or injury, after reduction of such
payments by any attorney’s fees and other legal expenses that may be incurred in obtaining the recovery
If this is true this should be a multi million dollar lawsuit. There doing this to all employees.
Multi Million would be an understatement my friend.