The job market is constantly evolving. Economic shifts, company restructuring or unexpected downturns can lead to layoffs. Facing a layoff is never easy, and it can leave employees feeling uncertain about their futures. That’s why understanding your employment rights is essential. At Marshall Forman & Schlein LLC, we believe every employee should be informed and empowered when navigating the challenges of a layoff. Below, we outline key legal rights you may have and how you can protect them.
Severance Pay and Agreements
Severance pay is often a key concern for employees who are laid off. While not required under federal law, some companies offer severance packages to employees as part of negotiated agreements. Employers may provide this to compensate for the transition and ensure the employee signs a release of claims.
If your employer offers a severance agreement, you should carefully review the terms before signing. These documents often waive certain legal rights, which is why it’s important to seek legal advice.
Unemployment Benefits
If you are laid off through no fault of your own, you may be eligible for unemployment benefits. These benefits provide temporary financial assistance while you search for a new job. Eligibility requirements and benefit amounts vary by state. In Ohio, benefits are determined by your earnings history and the circumstances surrounding your separation from the job.
To protect these benefits, employees must avoid signing agreements or making statements that could disqualify them from eligibility. If you’re unsure about the process, a legal advocate can guide you through submitting a claim.
The WARN Act and Notice Periods
For larger companies planning mass layoffs, the Worker Adjustment and Retraining Notification (WARN) Act may provide additional protections. Under this federal law, employers with 100 or more full-time employees must provide at least a 60-day notice if they are conducting large-scale layoffs or closing facilities. Failure to comply with the WARN Act can result in legal consequences for your employer. Understanding how this law affects your situation as an employee may require a detailed review of your employer’s practices and your employment agreement.
Ohio-Specific Protections
For workers in Ohio, there are additional state-specific rights that may apply to your situation. Ohio has clear rules prohibiting discrimination during layoffs. For example, you cannot be targeted for termination based on protected attributes like age, disability, gender or race. Additionally, employers must adhere to agreements made in employment contracts.
If you believe your layoff violates Ohio’s laws or you suspect wrongful termination, it’s critical to consult an attorney as soon as possible. Our team at Marshall Forman & Schlein LLC has decades of experience tackling these complex issues to help employees seek the justice they deserve.
Seek Professional Guidance
With employment laws varying by state and individual circumstances, navigating your rights can feel overwhelming. A layoff often involves sensitive topics like severance, contracts or potential discrimination, making sound legal advice important. At Marshall Forman & Schlein LLC, we provide personalized assistance to help clients understand their positions and make informed decisions.
Contact Marshall Forman & Schlein LLC
If you’ve been laid off or believe your rights have been violated, don’t face this situation alone. At Marshall Forman & Schlein LLC, we are committed to standing up for employees like you. We take pride in our proven track record of helping clients achieve favorable outcomes during challenging times. Contact us today for a free consultation, and let us help you protect your rights, negotiate fair resolutions and prepare for the next chapter with confidence.