What are the rights of an employee who is being laid off?

In West Virginia, as in many other states, employees have certain rights if they are being laid off. First and foremost, employers must abide by any collective bargaining agreements between them and their employees. This means that if the employer and employee had a written contract that provides certain protections in the event of a layoff, the employer must adhere to those provisions. Second, employers must provide employees with written notice of the layoff, at least 60 days in advance. This notice should include the employer’s reasons for the layoff, as well as the date on which the employee’s employment will end. Third, employers must pay employees any wages owed for time worked up to the date of the layoff. In many cases, employers may also offer severance pay if the employee has worked for the company for a significant amount of time. Employees should be aware of their rights to collect unemployment benefits, both state and federal, if they qualify. Lastly, employers must provide employees with a copy of their personnel file. This includes all pertinent information, such as paychecks and performance evaluations, so that employees can have a record of their time with the company. Layoffs can be frightening for employees, but understanding their rights can help them prepare for the layoff and take the necessary steps to protect themselves.

Related FAQs

Are employers allowed to ask questions about previous salary history?
Are employers allowed to issue orders or directives to employees?
What is the difference between a contractor and an employee?
What are the requirements for providing workers' compensation?
What is sexual harassment?
Are employees required to report workplace injuries or illnesses to their employer?
What types of employment benefits are required by law?
Are employers allowed to ask job applicants about their marital status?
What is the difference between a grievance and a complaint?
Can an employer ask for medical information from an employee?

What are the rights of an employee who is being laid off?

Related FAQs

Related Blog Posts