Whether you are being forced to leave your job, or you have recently handed in your resignation, there are some things to know before you go. You do have rights, regardless of what led to you leaving your place of employment. Exercising these rights can help secure your financial future, which is of particular importance if you are not going to a new job right away.
Your Severance Pay
The majority of employers in Ohio are not required to offer employees severance pay, but many still do. Severance pay can provide not only financial compensation, but also benefits, such as health insurance. In certain situations, employers are required to provide severance pay and they include:
- When there is a written severance agreement
- When an employee manual or handbook promises severance
- When an employer has a long history of giving severance to other employees in similar positions
- When an oral agreement was made regarding severance
Ohio law does not require employers to continue providing health insurance or severance in most situations. However, some workers in the state may still be protected by the WARN Act, which requires certain employers to provide severance in the event of mass layoffs.
Your Final Paycheck
Under Ohio law, you must receive your last paycheck on your last scheduled pay date, or within 15 days of your last day of work, whichever is sooner. Unlike other states, the law in Ohio does not differentiate between employees that left their job voluntarily, or that were terminated. The law also prohibits employers from making deductions from a final paycheck, unless they are required to do so by law, such as tax deductions. If you have agreed to certain deductions, your employer can take these from your final paycheck.
In the event that your employer does not provide your final paycheck within 15 days, you can file a complaint with Ohio’s Department of Labor. If, after an investigation, it is found that your employer violated the law, you can recover any unpaid wages as well as other damages.
Your Health Insurance
Under the Consolidated Omnibus Budget Reconciliation Act (COBRA), employers that employ 20 or more workers must offer employees the option of continued coverage from the company’s health insurance plan. Employees and their children can continue to enjoy these benefits, even after leaving the job, for a certain amount of time as long as they continue to pay the premiums.
If you have lost your job temporarily or permanently, you may be able to obtain unemployment insurance for a certain period of time. Usually, unemployment insurance will cover you for up to 26 weeks, but not all employees are eligible. To receive unemployment insurance, you must have lost your job through no fault of your own.
Our Employment Lawyers in Columbus Will Uphold Your Rights
You still have rights after leaving your job and if they have been violated, our Columbus employment lawyers at Marshall & Forman, LLC, can help. Call us today or contact us online to schedule a consultation so we can review your case and advise you of your legal options.