Layoff Rights

In most work arrangements, employers are allowed to terminate employees for any reason, since they are "at will." Even so, such workers do have layoff rights, which their employers must inform them of when they are laid off. For instance, they are entitled to all earned pay, including unused sick leave and vacation. Furthermore, employees are allowed to keep their current health care coverage through the federal COBRA program for up to 18 months, although this can be costly. Contrary to popular opinion, employees are not entitled to severance pay, unless this is stipulated in a contract. However, if they are not satisfied with the severance package that is offered them, the employee may seek to renegotiate it with the employer. If he desires, he may seek legal counsel during this process. Finally, the employee has the right to unemployment benefits. If he is denied this, he may appeal the decision.

Fast Facts

  • When offered COBRA, the employee has 60 days to accept.
  • If the Warn Act applies to a particular layoff situation, the employee is entitled to 60 days notice of the layoff.

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