What are the rights of an employee who is being laid off?
In Virginia, employees who are being laid off have a number of rights. First, employers must provide written notice of the layoff, including the reason for the layoff and the date on which the employee’s job will end. Second, employees must be paid all wages owed to them, including all earned wages, unused vacation, or other forms of paid time off, and any other final payments. Third, employers must provide employees with notice of their right to continue health care coverage under a federal law known as the Consolidated Omnibus Budget Reconciliation Act (COBRA). Fourth, employers must provide employees with a severance package that may include additional pay, benefits, and/or other forms of compensation. Finally, laid-off employees have the right to receive unemployment compensation from the Commonwealth of Virginia. Employers are also required to comply with applicable federal and state laws, which provide additional protections to employees in the event of a layoff. These laws may include those related to discrimination, harassment, and wrongful termination. Additionally, employers in Virginia are generally prohibited from retaliating against employees who exercise their rights. It is important to note that the rights of employees who are being laid off may vary depending on the size of the company, the specific laws and regulations in their jurisdiction, and any contractual agreements that exist between the employee and employer. Therefore, employees should familiarize themselves with their rights and reach out to an employment law attorney with any questions or concerns about their rights upon being laid off.
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