If you are fired from your job, you must know the rights you have and the actions you must take to receive the benefits that apply to you. This is extremely important, as wrongdoing could affect your life insurance, payments, and severance pay.
Most jobs are agreed upon voluntarily, and therefore the employer has every right to fire an employee without special reasons or a specific time. There are certain exceptions where termination may be against the law:
- When the dismissal of an employee is due to discrimination.
- When the term of the contract agreed between both parties is not respected.
- Dismissals that violate public policies.
If the dismissal was not for the three reasons mentioned above, then you should prepare to receive your last salary. In California, this payment must be made immediately with a notice of 72 hours, which may vary from what it says in the signed contract.
Followed by your last payment, you should check if you apply for compensation for dismissal. To check if your case is applicable, you should check three things:
- If in the contract of both parties, the employer offers you this benefit.
- If it is in company regulations or documents for employees.
- If the employer has made you an oral promise stating that you apply for this benefit.
Another great benefit of being laid off is the right to continue with life insurance, which covers both the employee and their family for a specified period of time. It should be noted that the cost of this insurance must be paid by the employee in full.
Finally, you are entitled to severance pay. This benefit can be received while you are in the process of looking for another job and generally lasts for 26 weeks with the option of adding 20 weeks. The amount is calculated based on the percentage of the profit for the time worked.
We know that these situations can be very stressful for both you and your family, but we want to clarify that you have the power to protect your rights. If you’ve been laid off, don’t wait any longer and contact us at: (855) 565-2566