With the current economic depression in the country, losing a job means financial jeopardy. Searching for a new job is painstaking and the competition with other laid off/ fired employees is tight. You may seek financial assistance from the government or search business opportunities in nearby countries.
Before you consider any of the above options, you may try to settle unresolved issues with your employer. Losing your job may not be your fault, and you may be entitled to certain rights.
Here are some FAQs for job termination rights:
Q: If you are one of the employees who are laid off/terminated, what are you entitled to receive?
A: Generally, a dismissed employee may receive severance pay, last salary, benefits, continuance of health card (up to six months), cash equivalent of converted vacation and sick leaves, and other back pay.
Q: What will I do after being fired/ laid off?
A: You may review your contract and lay off/termination letter before signing any document. Check if there are inconsistencies or violation in the contract. You may also consider the following:
1. If your contract states that you will be given a special pay (severance package) when lay off was enforced, then you are entitled to receive it provided that you have not violated any terms in the contract. Some companies, amidst a sour end of employment relationship; still gives severance pay in consolation to the number of years and quality of contribution that the employee has rendered for the company.
2. Request for a written evaluation of your work and supporting documents that will justify their reason for terminating your contract. Try to analyze factors such as:
2. Decrease in work volume/ client/customer patronage
3. Business loss or bankruptcy
4. Retaliation due to involvement in filing a discrimination/harassment case. California law offers protection against retaliatory acts from any employer.
Q: What are the illegal reasons for termination?
A: Usually, violation of employment contract, discrimination, and retaliation constitutes wrongful termination. Specifically, these are:
1. Any violation of existing state and federal labor laws
2. Termination as a consequence for refusing a sexual favor
3. Any violation in the written employment contract. At will employees are also entitled to full labor rights.
4. Violation of any provision in the collecting bargaining agreement.
5. Retaliation because of a discrimination complaint
California law penalizes employers who exercise abuse of power or non compliance with existing labor standards. If you are a victim of wrongful termination, you may consult a professional Labor Rights lawyer in Los Angeles and file a lawsuit.