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Knowing Your Rights after Leaving a Company (Part 2)

By Edited Jan 15, 2016 0 0

In the first article (Knowing Your Rights after Leaving a Company - Part 1), it was mentioned that leaving a company may cause various legal issues, which cover your right to receive different benefits from your employer. You should be aware of your rights so that you can be prepared to fight for them if ever your former employer failed to fulfill his obligations to you after you resigned or were terminated.

Aside from receiving a severance package and having your own unemployment insurance, you may also be entitled to:

  • Continue your health insurance- Under the Consolidated Omnibus Budget Reconciliation Act (COBRA) of 1986, you can continue enjoying the perks offered by your health insurance after you resigned or were terminated for any reason, except for gross misconduct.

Under this federal law, covered employers should give workers and their family members the chance to temporarily extend their health coverage, especially when one of these circumstances happens:

  • Death of a covered worker
  • Divorce
  • job loss
  • Job reduction
  • job transition

The duration of the extended health benefits will depend on these qualifying events. It can last for 18 to 36 months.

However, being entitled to extended health coverage does not mean you will not be required to pay for it. If you were fired or laid off, you may only be allowed to have a 65 percent subsidy. Meanwhile, you may not be entitled to this subsidy if you voluntarily resigned from your job, but you can still continue your health insurance coverage.

Different rules also apply to those who were laid off. These people are entitled to this subsidy. If they have refused COBRA coverage earlier, they are still entitled to reverse their original decision.

Under COBRA, subsidy may only be enjoyed by workers became unemployed between September 2008 and May 2010. This cutoff has been extended a number of times and the Congress may do it again if needed.

  • Receive your final paycheck- In many states, departing workers are entitled to receive a final paycheck from their employer. The time limit given to employers when providing this paycheck varies and may depend on the reason why the employee is leaving the company.

In some states, employees who were laid off or terminated should immediately receive their final pay while those who resigned should wait for the next company payday before they were provided with it.

If your former employer violated your rights or failed to provide you with benefits, you can take legal action against him with the help of a Los Angeles employment attorney.



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