Employees terminated by an employer have certain rights. An employee has the right to receive a final paycheck and the option of continuing health insurance coverage, and may even be eligible for severance pay and unemployment compensation benefits.
There are a number of steps you can take to help protect yourself after losing your job, but it's also important to understand your rights after job termination.
Get started today by reaching out to an Employment Law Attorney near you.
There are two separate sets of laws that protect you if you have been terminated because of restructuring or cost cutting, or for any other reason, other than for cause.
The first are those identified in the Employment Standards Act of Federal law, or the employment standards legislation in every other province. In California, a terminated employee is to be provided with the following:
- One week of notice (or payment in lieu of notice) for every year's work, to a maximum of eight weeks, plus your full benefits for this period; and
- If you have been employed for over five years and if your employer has a payroll of over $2.5 Million, then you are entitled to a further week of severance pay for each year worked to a maximum of 26 weeks; and
- You are of course entitled to outstanding wages, overtime pay, and vacation pay commissions.
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Even though terminated, you can still also pursue other outstanding issues in the civil action, including payment for overtime, any unfulfilled promises for bonuses, commissions, car allowance, the benefits you enjoyed as an employee, further contributions to your RRSO and/or pension, and in some cases damages for mental distress.
If you feel that you have been unfairly treated by your employer, or you have any questions about your rights as an employee, an Employment Law Firm Los Angeles may be able to assist you.