This is an example of legal advice. For personalized advice, please visit the layoff and termination advice page.
Your layoff looks illegal due to the violation of several laws at once. And we're here to help you get compensated.
It's sad to hear that you went through a layoff. However, we are here to help you restore justice. Firstly, it looks like your employer selected who to lay off based on their characteristics. And this is discrimination. Under the Title VII of the Civil Rights Act, the Age Discrimination in Employment Act (ADEA), and The Americans with Disability Act (ADA), it is illegal to discriminate based on specific protected characteristics when conducting layoffs. Protected characteristics include race, color, sex, religion, gender, age (40 and older), sexual orientation, disability, national origin, and pregnancy. You can get compensation for discrimination at work. It is necessary to provide materials confirming the presence of discrimination. For example, if people over 50 make up 10% of the total number of employees, but among the laid-off employees, the share of people over 50 is 30% - this is age discrimination. According to the Equal Employment Opportunity Commission, US employers pay more than $595.9 million a year in compensation for employment discrimination complaints, and the average compensation is around $40,000. However, less than 20% of submitted complaints are approved. Therefore, finding a competent lawyer to help you draft the documents is essential. How to get compensated for discrimination: You can file a discrimination complaint online on the EEOC website, in person at an EEOC Office, by telephone, or by mail (all contacts are published on the EEOC website). Please note that you need to file a complaint within 180 calendar days from the day the discrimination took place. Sometimes, the filing deadline may be extended to 300 calendar days. If your employer has discriminated against a group of workers (including you) when laying them off, you may file a class action complaint against your employer. Please note that less than 18% of submitted discrimination complaints are approved. We advise you to find a competent lawyer to prepare the papers. Secondly, if your employer violated the terms of the contract, the layoff is illegal. To identify a violation, you must carefully read your contract. For example, a contract may guarantee a worker continued employment for two years. An employer breaches the contract if this worker is laid off after one year of employment and their contract doesn't provide any justifiable reasons. In this case, you can claim what you should have received under its terms through litigation. For example, if you have a two-year employment contract and your employer laid you off after one year, a court would order the employer to pay you a one-year salary that you should have received. How to protect your rights in case of violation of the terms of your employment contract: If you want to claim damages for your employer's breach of employment contract, you should file a lawsuit with a district court. Before going to court, please review your employment contract to ensure that your employer violated its terms. It's crucial to weigh the costs of taking legal action against the possible benefit of doing so. Based on your contract, you can claim wages for the period you were supposed to work. Thirdly, it looks like you faced harassment at work. If this is correct, you are entitled to compensation. According to the Equal Employment Opportunity Commission, US employers pay more than $142.2 million a year in compensation for employment harassment complaints, and the average compensation is $31,741. However, only 20.1% of submitted complaints were approved in 2021. Therefore, finding a competent lawyer to help you draft the documents is essential. You can learn more about how to fight back against harassment and get compensated at https://allrights.us/harassment. Your employer may persuade you not to bring a claim against it in return for severance. An employer is not obliged to pay severance unless promised by your employment contract or the employer's policies or practices. If you agree to receive severance, try negotiating the terms with your employer before entering a severance agreement. It's advisable to give this agreement to an independent lawyer for review because it waives your right to file a claim against your employer. Organizations to help you: You can contact your state department of labor for further assistance.Rapid Response helps laid-off workers get back on their feet by providing information on how to maintain an income (unemployment insurance), health insurance, access to skills upgrading and training resources, and much more.Get assistance with unemployment benefits, insurance, and workers' compensation here.We advise you to check the information on financial aid for laid-off employees here.For help handling discrimination and harassment at the workplace, you can contact Equal Employment Opportunity Commission (EEOC) at 1-800-669-4000 or [email protected]. Federal Hotline to Combat Race and Sex Stereotyping at 202-343-2008 or via email at [email protected] nonprofit advocacy organization Better Balance combats discrimination against pregnant workers and caregivers.RAINN provides help in cases of sexual harassment and violence: https://www.rainn.org/.Allrights - Instant and anonymous legal help in case of discrimination: https://allrights.us/discrimination.Allrights - Anonymous and free legal help in case of harassment: https://allrights.us/harassment.
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