I'VE LOST MY JOB: WHAT DO I DO NOW?
Rights and Considerations for Terminated Employees
By Daniel Green, Chair, Employment Practice, Begos Horgan & Brown LLP
Everywhere we look in these troubled economic times, we run into friends and business associates who have lost their jobs. It's always stressful to lose your job, but when unemployment is so high and there are so few employers looking to fill positions, terminated employees have even more to be concerned about.
Here are a few things to take into account as you consider your next move:
- Are you covered by the Federal Worker Adjustment and Retraining Notification Act ("WARN Act")? If so, you may be entitled to back pay with benefits, including earned vacation, for up to 60 days if you did not receive the proper notification.
- Were you fired for what the law considers "the wrong reason"? Connecticut, like a lot of other states, is what's called an "employment at will" state. What this means is that, in the absence of a contract, or other special circumstances, employers can fire employees at any time, with or without an explanation. On the other hand, employees who are fired for what the law considers the wrong reason may have certain rights. State and federal laws have what are known as "protected categories". If an employer fired you based on your status as a member of a protected category, you may have a case against your employer under state and federal law. In Connecticut protected categories include:
- Race
- Color
- Religious creed
- Age
- Sex
- Marital status
- National origin
- Ancestry
- History of mental disability
- Mental retardation
- Learning disability
- Physical disability, including blindness, sexual orientation, or pregnancy
- Also, you may have a case against your employer if you were fired because you:
- Opposed a discriminatory employment practice of the employer;
- Exercised rights of free speech, religious liberty, or assemblage under the state or federal constitution
- Disclosed an employer's illegal or unethical acts.
- Under certain circumstances, you might be able to recover lost pay, attorney's fees and other types of damages from your employer.
- Did you receive all that you were due at the time of the termination? You are entitled to all wages owed through the date of your termination. An employer who fails to make such payments may be held liable for double damages. You may also be able to recover for unpaid accrued vacation, based on company policy or your employment contract, if you have one.
- Are you entitled to severance pay based on your employment contract or company policy? If you are entitled to this, you will probably be asked to sign a separation agreement which would require you to release all claims against your employer in exchange for the severance pay, among other provisions. You need to evaluate whether the severance pay is significant enough to make you want to release any claims against your employer in the future.
- Are you entitled to collect unemployment benefits? If you weren't fired for willful misconduct or didn't quit your job without good cause you may be entitled to collect unemployment benefits. The amount of your benefits will depend upon your average earnings during a specific period of time. You will be required to prove that you are making reasonable efforts to find work during the period you are collecting unemployment benefits. Make sure you get the necessary paperwork to apply for unemployment before you leave the job.
The shock of losing a job is often so great that people cannot think of anything else. Your rights are the last thing on your mind. But, after recovering from the initial shock you may benefit from a professional consultation to review your potential rights. These rights can offer some protection while you are getting back on your feet.
This material is provided by Begos Horgan & Brown for general informational purposes only, and it should not be relied upon as legal advice. No one reading this article should take any action based on its contents without first consulting with a qualified attorney regarding the particular facts and legal principles that may apply. The article may not reflect current legal developments or the law in all jurisdictions.
|
