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What Are My Right As An Employee When A Job Ends?

What Are My Right As An Employee When A Job Ends?

Woman being fired and taking her desk belonging out of the office in a cardboard boxLeaving your job is never an easy thing to do. It doesn’t matter if you’re moving on because you found a better paying job, you were laid off or fired, you might be wondering about employee rights San Francisco and what happens after you leave.

There are things that you need to be aware of when you leave a job so that you can ensure that you are being treated fairly. Below, we will be talking about layoffs, resignations and getting fired, how they impact you and what it means for you and your job as a past employee.

Getting Laid Off

Getting laid off is one of the worst ways to lose your job, especially since when these happen they always happen at the most inopportune times. Here are the issues you need to be concerned with when it comes to getting laid off and employee rights San Francisco.

– You are entitled to your pay from the time you were notified of being laid off until the actual date of the layoff. It doesn’t matter if it’s 2 days or 2 weeks.

– If you work at an office, facility or business that employees more than 100 people, you will need to be notified of the layoff at least 60 days in advance. Usually, when a company has layoffs it’s due to plant closings, the business going under or mass layoffs.

Man being fired and taking his desk belonging out of the office in a box

– During the in-between time of being notified and the actual date of the layoff, you won’t only be required to get paid, but you will also still receive all of your benefits. Some companies also might allow you to continue on with their health insurance plan even if you have been laid off, but this is something you would need to speak to human resources about.

– If you do get laid off, you may be entitled to unemployment.

Resignations From A Position

Although some exceptions may be applied, most of the time when you resign from a position you are not entitled to unemployment. Unemployment is specifically used for people that are no longer able to earn an income due to no fault of their own.

If it was your choice to resign, you cannot receive unemployment because you left on your own accord. However, if you resigned because of other reasons; being harassed or pushed out, you could take this to a lawyer as a claim and make a case against the employer or the company.

Fired Because of A Cause

On the other hand, if you were fired because of negligence on your part or any illegal activities, you will waive your right to any benefits after you get fired. This also means that you might not be able to get unemployment either.

If you have been let go from your job and you think you were either let go unfairly or not treated fairly, you might be able to file a claim with a lawyer. Lawyers want to help protect you and your employee rights San Francisco.

A lawyer will be able to go over the case with you and tell you if you have a case or not, and what steps you need to take next!


Photo Credit: Shutterstock Idutko/ George Rudy

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