Most private-sector workers in the USA are employed at will, meaning that their bosses can fire them at any time—besides discrimination.Â
So it’s up to employers to decide how they want to let the employee go. Some like to move with the termination process quickly while others prefer giving advance notice. This article will help you learn about eight employee rights and how to get the compensation you deserve, if applicable.
The Right to Be Treated Fairly and Without Discrimination
If you believe that you’ve been terminated from your job due to discrimination, you may have a claim against your employer. The law protects employees from discrimination based on race, color, religion, sex (including pregnancy), national origin, age (40 or older), disability, and genetic information. If you think that you’ve been the victim of discrimination, contact a discrimination lawyer immediately.
The Right to Notice
Some employers are required by state law to provide employees with advance notice of termination. For example, the New York State Worker Adjustment and Retraining Notification Act (WARN) requires employers with 50 or more employees to give workers at least 90 days’ notice before closing a plant or laying off more than 50 people. If your employer has violated a state law like WARN, you may be entitled to compensation.
The Right to Collect Unemployment Benefits
If you’ve lost your job through no fault of your own—for example, if your company has downsized or gone out of business—you may be eligible for unemployment benefits. To collect these benefits, you’ll need to file a claim with your state’s unemployment office and provide proof that you’re looking for work.
The Right to COBRA Health Insurance
If you’ve lost your job and had health insurance through your employer, you may be able to continue that coverage for a limited time under the Consolidated Omnibus Budget Reconciliation Act (COBRA). COBRA allows employees to continue their health insurance for up to 18 months, but they must pay the full premium, plus a 2% administrative fee.
The Right to Your Final Paycheck
If you’ve been terminated from your job, you’re entitled to your final paycheck immediately. In some states, employers are required to provide terminated employees with their final paycheck on their last day of work. In other states, employers have a set number of days—usually between one and two weeks—to issue a final paycheck. If you don’t receive your final paycheck in a timely manner, contact your state’s labor department for information on how to file a claim.
The Right to File a Wrongful Termination Claim
If you’ve been wrongfully terminated—that is, fired in violation of your rights under state or federal law—you may be able to file a claim against your employer. Wrongful termination claims are typically filed in civil court, and if successful, can result in compensation for lost wages and benefits, as well as damages for emotional distress.
The Right to Severance Pay
If you’ve been employed by your company for a long time or have performed your job well, you may be entitled to severance pay when you’re terminated. Severance pay is not required by law, but is often offered by employers as part of an employee’s separation agreement.
The Right to a Job Reference
If you’ve been terminated from your job, you have the right to request a job reference from your employer. Your employer is not required to provide you with a positive reference, but if they do give you a reference, it must be accurate and truthful.
Final Word
When you’re terminated from your job, you have certain rights under state and federal law. If you believe that you’ve been the victim of discrimination, you should contact a discrimination lawyer immediately. You may also be entitled to unemployment benefits, COBRA health insurance, and severance pay.