Being laid off is a devastating and sometimes life-changing experience for the worker. The person may walk away feeling mistreated, rejected or unappreciated. Worried about financial turmoil and stressed over monthly obligations, the newly laid off worker may give little thought to the legality of the termination. It is very important that every laid off employee be informed of their individual rights.
Was it a wrongful termination?
Wrongful termination is described as any form of termination that is not legal. If an employee has been unfairly discharged, the layoff may be classified as such by law. An employee could have been terminated as a result of discrimination. Termination based on religion, sex, sexual orientation, disability, age, gender or ethnicity may all be classified as discrimination. A personality conflict or disclosing illegal or unethical behaviour could be behind a layoff. The firing could be viewed as a retaliatory move by the employer. The employee may refuse to carry out any illegal activity, and this could jeopardize his or her employment status. This, too, would be an example of a wrongful termination. There may be an employee handbook that carefully outlines the termination procedures. If the employer fails to abide by those guidelines, the act of termination may also be illegal.
Do you live in an at-will state?
It is always best for the laid off worker to conduct preliminary research on their state to verify whether or not the state of residence is an at-will state. This allows a person or employer the opportunity to terminate any employment relationship at any given time without notice. There may be requirement notices and termination guidelines for states that aren't classified as at-will, meaning that there may be an advanced notice requirement or certain documentation completed in order to meet compliance requirements.
How much of a layoff notice was given to you?
According to the W.A.R.N Act, companies are required to offer sufficient notice to employees about pending layoffs. The act was designed to allow for retraining and adjustment training for employees. Companies with 100 or more employees must provide at least 60 days' notice for mass layoffs. Managers, supervisors, hourly and salaried employees are all owed advanced notice under the provision.
The laid off employee must move beyond a place of feeling violated and seek for the right information. One can rely on professional commercial lawyers who specialize in employment law to help and guide them through their personal rights.
John Greyson is one of the most knowledgeable guys in town, he knows everything you need to learn about business. Stay tuned for more of his cool business tips and advices about Employment Law by visiting http://www.mmlaw.com.au/291-118/employment-law.aspx .
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