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, only 17.4% 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, it seems that your employer committed the layoff in violation of legal procedures. Suppose your employer has more than 100 workers and didn't provide a 60-day notice before conducting a massive layoff. In that case, this violates the federal Worker Adjustment and Retraining Notification (WARN) Act. This Act requires an employer to provide a 60-day notice before conducting massive layoffs. A massive layoff means: at least 50 employees were laid off during 30 days, and the laid-off employees made up at least one-third of the workforce at the single site of employment; or 500 employees were laid off during 30 days at the single site of employment; oran entire worksite is closed down, and at least 50 employees are laid off during 30 days. Since your employer failed to comply with the WARN Act, you can claim compensation. Your employer will be subject to penalties of up to $500 for each day of violation. If the employer provided notice two days before the layoff, it would be obliged to pay a laid-off employee $500 for each of the 58 days (out of 60) he failed to provide notice. So, the compensation will be $29,000. How to get compensated for your employer's violation of the WARN Act: To receive compensation for your employer's failure to notify you about the massive layoff, you can file an individual or class action lawsuit (with other laid-off employees) with a district court. Before filing a lawsuit, please ensure that you have enough evidence supporting your claim that the employer failed to comply with the WARN Act. We advise you to contact a lawyer to help you prepare your case. Thirdly, your employer did not pay you the final paycheck, which violates your rights. Generally, states require employers to give paychecks quickly, sometimes immediately, on the next day of layoff or a day or two later. Other states allow employers to wait until the next regularly scheduled payday to cut a final check. In any case, you are entitled to receive a final paycheck. What you are entitled to in addition to the final paycheck: Some states (like California) require employers to include an employee's vested, untaken vacation time in a final paycheck. You can find out how your state handles these issues by contacting your labor department. You can find a link to the state labor department through the official website of the federal Department of Labor.You might have a right to continue health insurance coverage for at least 18 months after being laid off if you have been receiving coverage through your employer and your employer has more than 20 employees. This right is granted by the Consolidated Omnibus Budget Reconciliation Act (COBRA).You may also have a right to receive severance. The severance is typically paid for one to two weeks for every year worked, but it can be more. How to receive the final paycheck: You should contact the Department of Labor's Wage and Hour Division or the state labor department. 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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