Laws of the Termination of Employment

Each state in the U.S. has its own Department of Labor that must adhere to the federal labor laws. Whereas certain laws can be determined by each state, others are defined under federal law. Labor laws in general are designed to protect working U.S. citizens. There are also laws in place to protect a former employee under certain circumstances once the employee has been terminated.

Termination Notice

The U.S. Department of Labor does not have any laws pertaining to termination notice for a individual employee, although individual states may have such laws. The Worker Adjustment and Retraining Notification Act, however, requires employers planning to carry out a large-scale layoffs (33 percent or more of the full-time workforce of at least 50 people) or an entire plant closure to provide 60 days' written notice to all affected employees. For companies with unions, the employer is required to submit written notice to the union, not to individuals.

Unemployment Benefits

If an individual has unexpectedly lost his job and the state determines it was not because of his own actions, he may be eligible to receive unemployment benefits. These benefits are only intended as a temporary assistance for people who need help with finances until they find another place of employment. Each state in the U.S. has its own state-run unemployment benefits program; however, all states must meet the criteria stated by the U.S. Department of Labor.

Equal Employment Opportunity Laws

Most businesses are must follow equal employment opportunity regulations that prohibit the termination of or a reluctance to hire individuals as employees based upon race, religious beliefs, sex, skin color, national origin, disability or veteran status. If a person is terminated from a job or turned down for a job because of any of the above reasons (and this can be proved to the U.S. Department of Labor), there may be cause for legal action against the employer.

Retaliation Protection

The U.S. Labor Department's Occupational Safety and Health Act and other federal laws protect employees who have filed a complaint against their employer with the department because of unsafe or other unlawful working conditions. These whistle-blowers, as they are referred to by the department, cannot face retaliation for their actions. This includes shorter working hours, being passed over for a scheduled raise, being transferred, fired or unnecessarily and negatively singled out in any way. If a worker believes he has been terminated from employment as a result of retaliation, he has 30 days after the incident to notify the Department of Labor.

Protection for Veterans

The Uniformed Services Employment and Reemployment Rights Act of 1994 protects those called to active duty from any branch of the U.S. armed forces from losing their jobs upon their return. Under the provision, a service member is protected from termination if he has missed less than five years over an extended period of time. As with most laws, there are a few exceptions to the rule. USERRA also protects the rights of disabled veterans. Employers must show initiative in trying to accommodate the disability, and service members who have sustained injuries must return to their workplace or reapply for their position within two years of the end of their service.

COBRA Benefits

U.S. citizens who have been terminated from employment under certain qualifying circumstances and generally, for businesses with 20 or more workers are given the opportunity to maintain their health insurance coverage, as well as their dependents' coverage, by purchasing COBRA coverage. This health coverage rate is normally more costly than the individual's health cost while an employee because the employer was paying a portion of the costs. This coverage is only in effect for a certain period of time.

References

• United States Department of Labor