Employees now face unexpected job termination situations in the dynamic employment landscape because of performance-related actions and organizational restructuring as well as economic downturns.
Team members in the United States must understand their rights after dismissal because this knowledge serves as their foundation to safeguard their economic stability, personal mental state, and work-related image. An employee can get in touch with the best labor attorney who can help them understand the employee’s rights even after being terminated.
Through a systematic approach, this guide presents both fundamental rights employees need to understand along with immediate steps that help after job termination.
- Ask for a Written Notice of Termination
Under at-will employment laws that exist in most U.S. states, employers retain the right to dismiss workers at any time without defining a reason unless there is an illegal motive involved. The states of California and New York, along with Illinois, stand among the few U.S. jurisdictions that either support or mandate written termination notices.
Making a written request for termination information helps secure your legal position while clarifying the stated termination motive from your employer. Recorded evidence supports cases of alleged discrimination and retaliation when someone files a future claim.
- Grasp the Final Paycheck Laws
Each state has defined rules about the period when terminated employees must receive their final paycheck. Under California law, employees get their final payment instantly, while Texas workers receive it within six successive calendar days.
Employed personnel are entitled to receive their final wages that incorporate already earned compensation together with unused paid time off and overdue commission and bonus payments. Make sure to check your last check carefully because you deserve all compensation amounts stated by law.
- Review the Severance Agreement
Business organizations usually give severance agreements to workers during organizational changes and employee dismissal situations.
A severance agreement provides financial payments, continued health insurance, and job placement help, yet these benefits usually require employees to waive their legal rights to sue the employer.
Workers should dedicate ample time to reviewing the agreement contents before putting their signature on it. Employees should consult employment attorneys before accepting a severance package because the terms require evaluation regardless of feeling pressured or uncertain about the content.
- Get Insight on COBRA Health Insurance
Most employees lose their health coverage when they lose their job through employer benefits. According to the Consolidated Omnibus Budget Reconciliation Act (COBRA), employees with twenty or more fellow employees can keep their health insurance through a Continuation Coverage period, which extends to eighteen months with different conditions allowing for longer coverage.
The benefit of COBRA coverage exists as a temporary health insurance option for terminated employees who still need to pay their full premium cost along with a 2% administrative charge.
- Check The Potential Wrongful Termination Claims
Not every termination is lawful. Congress established three main laws, including Title VII of the Civil Rights Act along with the Americans with Disabilities Act (ADA) and the Age Discrimination in Employment Act (ADEA which defend employees whose termination comes from discrimination, retaliation, or whistleblowing practices.
Believing your workplace termination was based on your race or one of the protected categories (gender, religion, national origin, and age disability) as well as illegal practices, and you have the right to submit a complaint to the EEOC or sue privately. Here, you can appoint an attorney for employment termination, and through that, one can challenge the decision of the employer.
Your decision to bring legal action against employment termination requires you to maintain essential documents, including emails, performance evaluations, and witness statements.