What are my rights as an employee during a layoff?
When an employee faces a layoff in Florida, there are certain rights and protections they are entitled to. First, employees are entitled to receive notice of their impending layoff. Employers must give employees a minimum of 60 days’ notice before they are laid off. Additionally, employers must inform affected employees of their eligibility for unemployment benefits and provide resources for job searching and career counseling. Employees also have the right to severance pay, which is money that an employer gives to an employee after the employee has lost their job. This money is typically provided in the form of a lump sum when the employee leaves their job and is based on the employee’s years of service and job position. Employers are also required to provide the employees with a complete listing of their accrued and vested benefits, such as vacation pay and retirement plan contributions. Finally, it is important to know that under Florida laws, employees cannot be discriminated against when being laid off. Employers are prohibited from firing employees based on their race, gender, national origin, age, or other protected characteristics. Similarly, employers cannot refuse to hire or fire employees because they reported discrimination or harassment or because they refused to participate in illegal activities. If an employee feels their rights have been violated during a layoff, they can take legal action. They can file a complaint with the Florida Commission on Human Rights, the Equal Employment Opportunity Commission, or a private attorney.
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