Leaving a job is not easy, especially when it is due to wrongful termination. You are likely feeling insecure about the future, your financial security and that of your family, and even if you decide to move or start a new job, it can also be a source of great anxiety. In any case, there is valuable information that you should consider to receive all the benefits that the law provides you. The United States government has been very careful to provide workers with a safety net when they find themselves in this situation.
That is why if you have been a victim of wrongful termination and wish to proceed, you should contact the Conexión Legal team as soon as possible by calling 1800 201 1220 or write to us through WhatsApp so that we can provide you with the best free consultation, and in this way we can help you obtain the highest possible compensation from expert labor case attorneys in your state's laws. While you need to demonstrate that you are looking for a new job and that you can find it quickly to receive unemployment benefits, this financial assistance can help you get through without losing your home or going bankrupt, and it is very helpful during difficult economic times when many workers face the same challenges.
What Do I Do If I'm Fired From My Job?
In case of termination, first you should keep in mind that you have the right to your regular salary from the notification of termination of the employment relationship until your last day of employment. The Federal Worker Adjustment and Retraining Notification Act, WARN, requires that employers with 100 or more employees notify business closures and layoffs with 60 days' notice and continue paying workers during this time. The states of California, Illinois, Maryland, New Jersey, New York, and Tennessee also have their own layoff notice laws. Collective bargaining agreements and individual agreements may also provide for special notification obligations in case of layoffs. Once the notice period has elapsed and your employment ends, it is in your best interest to check if you are entitled to unemployment benefits so that you can meet your financial obligations while looking for another job. Additionally, under federal COBRA law, many terminated employees are entitled to continue their occupational health insurance, although it will likely cost more than before, but at least it will give you the option to obtain health insurance. As a general rule, you can remain on COBRA insurance for up to 18 months.
When is Termination Considered Wrongful?
If the termination was the result of retaliation or discrimination, the termination may violate public policy and the employee may take legal action against the employer.
Some examples of wrongful termination for public policy reasons include:
- Discrimination based on race, national origin, gender, pregnancy, religion, disability, age, marital status, or sexual orientation
- Discrimination or retaliation for finding reasonable accommodations on the basis of a disability
- Discrimination or retaliation for complaining about illegal discrimination or harassment
- Retaliation for sick leave absence
- Discrimination or retaliation for complaints about workplace safety
- Discrimination or retaliation in seeking workers' compensation
- Retaliation for complaining to an employer or government agency about illegal activities by the employer
Am I Entitled to Receive Benefits if I Have Been Terminated for Cause?
If your employer terminates your employment for a compelling reason in your employment contract, such as gross negligence or willful misconduct, you may not be entitled to many of the rights and benefits that employees who are fired or terminated without fault receive. This means that you can be denied unemployment benefits and COBRA benefits. However, your employer may choose not to contest your application, and if they do, you may still receive it. If your situation falls into any of the categories above, you may also be eligible for health insurance under your state's program or Medicaid coverage. However, if you believe that the reason for termination was not justified or violated the terms of your contract, you can file a complaint. If your case constitutes gross misconduct by the employer or you have been discriminated against, you also have the option to file a claim for wrongful termination. In this situation, a labor case attorney can support you and help you understand the laws that protect you.
You can also read What is a wrongful termination attorney and when to hire one? The choice of your attorney is one of the aspects that can contribute to the final decision of your case. For this reason, if you or a loved one need it, you should contact the Conexión Legal team as soon as possible so that we can provide you with the best free legal consultation, and likewise, legal representation by a labor case attorney in case of suffering any type of wrongful termination to obtain the best possible compensation. Follow the steps in the following form to schedule your free consultation appointment.
