Leaving a job is an exciting time if you are starting a new one or moving, but for those that have been fired or laid off, it is extremely upsetting. Regardless of the circumstances that surround you leaving your job, it is important to know that you have rights, and you should exercise them before you leave for the last time. Learn more about severance pay, when you should receive your last paycheck, the continuation of your health benefits, and whether you have the right to claim unemployment insurance.
The majority of employers in Ohio are not required to provide severance pay to employees when they are laid off or terminated. Still, many workplaces offer employees one or two month’s salary when they are required to leave their job and they are not at fault for it. However, there are times when employers are required by law to provide a severance package, if they had already promised they would. For example, if you have a written contract that promises severance pay, or the employee manual or handbook states that you will receive severance, you are legally entitled to it.
Under Ohio law, employers must provide employees with their last paycheck on the next scheduled pay date, or within 15 days of leaving the job. If an employee was fired, they must receive their last paycheck on whichever of those dates is earlier.
The Consolidated Omnibus Budget Reconciliation Act (COBRA) is a federal law that was enacted in 1986. This law stipulates that employees must continue to receive health insurance if they quit, are laid off, or are terminated for any reason other than gross misconduct. The law only applies to employers that have 20 or more employees working for them. When that is the case, employees must offer workers continued healthcare coverage for a certain period of time, which is generally 18 months. The employee’s spouse and dependent children can also continue to receive coverage, but the employee must continue to pay the full cost of the premium.
It is incredibly difficult to be off work, even for a short amount of time. If you have left your job and do not yet have other employment, you may be able to receive unemployment insurance. To qualify, you must be unemployed, have worked in the state during the past 12 months, and you must have earned a minimum amount of wages. You must also actively pursue employment every week you collect unemployment benefits.
If you have left your job, or you are about to, and you feel as though your employer has not upheld your rights, our Columbus employment lawyers at Marshall Forman & Schlein LLC can help with your case. Call us today or fill out our online form to schedule a consultation so we can advise you of your rights.
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