Layoff Rights for Worker

If you were laid off, take comfort in the fact that there are layoff rights for workers that may help you through your transition into a new job.

If the layoff wasn't your fault, you are entitled to a few layoff rights for workers. Some may be at the company level while others are at the state and federal levels. In most cases, the rights you have—or the amounts of pay, benefits, and so forth that you should receive—are dependent upon how long you worked for your employer. That being said, you may be eligible for pay including vacation time, insurance, and more.

You don't always have to depend on rumors to know about a layoff before it happens. There are some layoff rights that affect all United States employees regardless of the state they live in. One of them demonstrates a pro to working for a very large company. According to the Worker Adjustment and Retraining Notification (WARN) Act, if your company has 100 or more employees, you are entitled to at least a 60 day notice in the case of mass layoffs. That gives you time to find a new job so that, ideally, you don't have to go without a paycheck.

There are some cases where the WARN Act doesn't necessarily apply. If the layoffs occur as a product of an event that could not have been predicted, such as a natural disaster, or business circumstances that lead to a swift company closure, you may not be able to count on 60 days' notice as a right.

The Consolidated Omnibus Budget Reconciliation Act (COBRA) is the result of your right to continued health care after a layoff. Employers who have 20 or more employees are required to offer an extension of health insurance for their employees and employees' families when a layoff happens. The fees may cost more for the individuals or families, but they will still typically be less expensive than seeking private insurance policies.

Some rights vary from state to state when you get laid off. This includes unemployment benefits and compensation. For more detailed information by state, visit the Service Locator and click on the state in which you work. You will most likely have to apply for benefits and compensation at a Department of Labor Career Center. If you don't know where the nearest one is, you can locate it once you click on your state.

What you are eligible to receive from the state depends on the reason you were laid off, how long you worked there, what your salary was, and your availability.

Check the contract you signed when you took the job and also speak to your Human Resources department if you have one to find out just what you're eligible for at a company level.

Unless it's in your contract that you will get severance pay if a layoff happens, don't count on it. Employers are not bound by any laws to give employees severance pay when they tell them they need to pack their things. Even if it's in your contract, you may not get your severance pay if the company is going out of business. If the company is staying in business and you got laid off, and if your contract says you're entitled to severance pay, it may be worth following up on and possibly filing a complaint with the Labor Commission of your state.

Unless your contract states otherwise, you're entitled to your unused vacation days when you're laid off. State laws vary, but you should usually be paid your vacation time and back pay anywhere from the day you leave to thirty days after. Sick days, unfortunately, are just something you'll have to forfeit. There's no law that states that your employer has to pay you for those when you're let go.

If you feel that your layoff rights for workers have been compromised when you're laid off, you can file a complaint with the Labor Commission of your state. Make sure that your employer followed the WARN Act if necessary, look into the details of COBRA, speak with a representative from your state's Department of Labor office for help filing a claim and finding a new job, and consult your contract to make the bad news as palatable as possible.

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