What Legal Rights Do Laid-Off Workers Have?
There’s lots of different reasons an employee might be laid off. Sometimes, it doesn’t even have to do with an employee’s preformance. Getting laid off or fired can make you feel helpless or like you have no rights.
It’s important to understand what rights you have as an employee. This way, if you do get laid off, you can legally protect yourself. Here’s a few things you should familiarize yourself with if you do get laid off from your job.
Illegal Reasons To Fire An Employee
You cannot be fired for discriminatory reasons or for whistleblowing. This means if you were fired because of your race, religion, nationality, ability, or gender, you can legally sue your employer. Likewise, if you speak out against your employer’s unethical actions, you cannot be threatened or fired. This is illegal and you can sue for compensation.
Also Read: Whistleblower: 6 Workers Rights Everyone Should Know
Whether you’re at-will or not, these rules apply to all workers. Additionally, all workers have the same rights under the following legislations unless stated otherwise:
- The Fair Labor Standards Act and state wage and hour laws
- The Occupational Safety and Health Act (OSHA)
- The Family and Medical Leave Act (FMLA)
- The National Labor Relations Act
If you’re unsure about a situation with your former employer, call a lawyer. A lawyer can tell you if you have grounds to sue them.
Also Read: 7 Read Flag You Should Sue Your Bad Employer
Rights Of At-Will Employees
Most people are at-will employees and don’t even realize it. Despite your employer having most of the power in this relationship, you have some rights while you’re laid off too.
If you’re an at-will employee, you can ask why you’re terminated, but the employer does not have to tell you. What’s important is to ask about what they will say in your reference. Your employer’s reference can affect future career opportunities. So if your employer is lying or making defamatory statements in your reference, call a lawyer right away.
As an at-will employee, you’re also allowed to leave your job at any point, for any reason, without facing legal repercussions.
What An Employer Can Do With At-Will Employees
At-will employees can be terminated for any reason, that is not illegal, at any time. An employer legally doesn’t have to tell an at-will employee why they’re being laid off.
An employer can legally change the terms of an at-will employee’s contract at any point. This can include altering or terminating an employee’s wages, benefits, and even time off.
Large Company-Wide Layoffs
An employer must release a Work Adjustment and Retraining Notification (WARN) to conduct a company-wide layoff. Employees must legally have ample notice before they lose their job in a company-wide layoff.
If you’re in a company-wide layoff and did not receive a WARN, your employer must pay you and the employees for the days of notice. Although the WARN act does not stop employers from laying off large amounts of employees, it requires employers to give as much notice as possible, and pay up to 60 days of lost work.
Employment Separation Agreement
If you are laid off, your employer typically asks you to sign an employment separation agreement. This agreement will have important information on:
- Severance
- Stock options
- Unused vacation time
- Details on your termination
Take your time reading and going through the agreement before you sign anything. Ask a lawyer to go over the agreement to ensure your rights are still protected.
How Else Can I Legally Protect Myself?
Always ask for clarity on anything you’re unsure about. You may be out of work a while, so you should understand everything you can about your termination, and protect your finances.
Other issues you should bring up with your employer that can legally protect you include:
- When you’ll receive your last paycheck.
- If you’ll get paid for unused vacation time, or how they plan on compensating you.
- What kind of severance you should expect.
- How long you have to access your stock options.
- What’s happening to your health coverage and other benefits.
- If the employer will provide a reference for you and what they will say.
- If you can have copies of your performance reviews.
- What will happen to your 401(k).
The best way to legally protect yourself during a termination or layoff is to hire a lawyer. During this time, all your finances, assets, benefits, and future career opportunities are at-risk. It’s best to ensure you have someone on your side who will protect all your rights and always look out for your best interests.
To find a lawyer near you, call My Case Helper. We can set you up with a qualified employment lawyer in your state today.
Also Read: 8 Questions To Ask An Employment Lawyer Before You Hire Them
