Help for Laid Off Employees
Being laid off can be overwhelming, both financially and emotionally and there are many issues to that the worker must address in order to continue to face daily living expenses and find a new job. A newly laid off worker must explore all available options, including unemployment benefits, continuation of medical benefits, finding a new job, and exploring retraining or other education options to increase the chance to become employed again. Laid off workers may need help in dealing with all these challenges.
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Unemployment Insurance Benefits
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Meeting financial obligations is an urgent need for laid off workers. Unemployment insurance (UI) benefits are available to many laid-off workers. UI is mandated by federal law and administrated by the states. UI eligibility requirements, benefit amount and the number of weeks a laid off worker may receive benefits is determined by the state in which the worker lives
Continuation of Health Insurance (COBRA)
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In the best of times, health care costs can bankrupt a person. When a worker is laid off, continuation of insurance coverage is essential to the person's health and financial well-being. Under the Consolidated Omnibus Budget Reconciliation Act (COBRA), laid off workers are entitled to continuation of their employer-sponsored health, vision and dental insurance benefits.
Laid off employees must pay the entire monthly insurance premium, plus an administrative service fee of up to two percent for COBRA benefits. They have sixty days from the date of COBRA notification to accept or decline these benefits. A laid off worker may choose to be covered by a spouse's group health insurance program instead of COBRA.
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Job Search Assistance
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The US Department of Labor offers the Rapid Response Service for Laid Off Workers. This service assists those who need help finding a job. It offers job search assistance, career counseling, and job skills evaluation. The program also offers other support services, such as help with transportation and issues related to unemployment insurance and COBRA health insurance benefits. The program is run by Rapid Response Teams located in every state.
In addition, the Department of Labor offers assistance to laid off workers through the Career One Stop Program. This is an Internet site that provides information, advice and resources to help workers find a job; get training or education; and find answers to questions related to being laid off.
Legal Assistance
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There are some situations in which a laid off worker should consult an attorney about possible legal action. For example, if an employer fails to pay a laid off worker for all hours worked, the worker may consult with an attorney specializing in employment law for suggestions on the best course of action. In addition, if the employer requires a laid off worker to sign a severance agreement, an attorney should review the agreement before the worker signs it.
An attorney should be consulted if a worker has reason to suspect that the layoff was due to discrimination based on age, race, religion or gender; taking a leave of absence under the Family Medical Leave Act; or because a worker's wages were garnished for debt payment. For example, if many of the workers laid off by a company are over age 40, an age discrimination lawsuit may be appropriate.
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