Final Paycheck
According to the Fair Labor Standards Act, employees must be paid “for all hours worked in a work week” up to and including the time they are terminated. While employers are not required to immediately give an employee their final paycheck, an employee has the right to receive her last paycheck on the regular payday of the last pay period worked. If a worker does not receive the final paycheck by this time, she may request assistance from their state’s department of labor.
Health Benefits
Employees that had group health insurance coverage through their employer lose their benefits upon termination. The Consolidated Omnibus Budget Reconciliation Act (COBRA) gives an employee the right to continue health benefits for a certain amount of time after their employment ends. An employee may also be able to purchase individual coverage once COBRA benefits have been exhausted.
Unemployment Benefits
Employees have the right to receive unemployment insurance benefits if they become unemployed through no fault of their own. Unemployment insurance provides temporary compensation to workers. Benefits are funded by taxes imposed on employers. Certain eligibility requirements as determined by state law must be met before an employee can collect unemployment, however. For example, an employee must meet the minimum salary requirements of their state. Further, a worker must prove that he is now unemployed through no fault of his own, such as for a layoff.
Equal Employment Opportunity
All employees have the right to work in an environment free from discrimination. A employee that suspects she was terminated because of discrimination has the right to file a complaint with the Equal Employment Opportunity Commission (EEOC). The EEOC investigates incidents that involve violation of an employee’s civil rights. An EEOC investigation can result in restitution of the employee’s job or compensation for damages suffered by the employee.
Employee Layoffs
The Workers Adjustment and Retraining Notification Act require employers with more than 100 employees to provide at least 60 days advance notice of a mass layoff. During this time, workers have the right to seek other employment opportunities or training programs before the anticipated layoff date. Employees that do not receive proper notification can have the laws of the notification act enforced through the U.S. district courts if they feel their rights have been violated.
