Have you been laid-off?
Know your unemployment rights!

1261 days ago by
19 comments

By: LISA R. WILSON

In the midst of the stress and worry that accompanies a lay-off, a newly unemployed person is bound to question what he or she has coming to them, in the form of financial compensation. Will I get paid for accrued vacation time? The expenses I put on my personal credit card for business? How much am I entitled in unemployment benefits? All of these are legitimate questions that deserve answers.

Jobless claims are now at a 14-year high and are unfortunately expected to rise. If you have been laid off, or if you feel a lay-off may be in your future, here is some information on unemployment rights.

1. Unemployment benefits
Full-time employees who lose their jobs (through no fault of their own) are eligible for unemployment benefits, depending on their length of unemployment and how much they earned. Eligibility requirements vary by state, but in most cases, you must work four out of the last five completed quarters before you file for benefits. The money you receive is based on the money you made over the previous 52 weeks. In most states, you can be paid benefits for up to 26 weeks.

It is important to note that independent contractors and the self-employed are not usually eligible for benefits.

2. Unused sick days, personal days and vacation time
Few laws require employees to be paid sick days, personal days or vacation time and being paid for such is usually a matter of contractual obligations on the part of your employer. If you signed a contract when you were hired that states you are entitled to all of your unused sick time, vacation time, etc., when you leave a company, then you should be reimbursed.

3. Severance pay
There are no federal or state laws that requires employers to pay out severance, unless this was signed into your employee contract.

It is important to note that even if you receive a severance package, you are still entitled to file for unemployment benefits.

4. Unpaid bonuses
If you’ve earned a bonus, you should be paid the bonus. Bonus statements are usually provided annually, or at the start of employment, and spell out the terms and conditions of bonus calculations and payout practices.

5. Expenses owed
If you incurred expenses during a company business trip, or you purchased a work laptop or cell phone on your credit card and have since been laid-off, you are entitled to reimbursement. Business expenses are considered “wages” in many states, and there are penalties for non-payment. If an employer refuses to pay up, laid-off workers can file a claim in small claims court.

For more information on unemployment rights, visit LawInfo’s Legal Resource Center for articles, blogs and answers to unemployment-related frequently asked questions, or contact an experienced Labor and Employment attorney in your area to discuss the specifics of your case.

  • C Wohler

    My employer said I would be laid off after the season was over, now he says he can’t because there is still work. I need my unemployment benefits. Is “lay off” only for lack of work? Or can they lay me off since I full filled my agreement to stay there season?

  • E.Thomasson

    I was laid off because i had a felony conviction that is 18 years old.i didn’t lie on my application,for it ask if i had been convicted of a felony in the past 10 years.the reason i am upset is because they have two employes that have felony convictions and have hired three since my lay off.i had three and 1/2 years service with them when i was laid off.

  • http://www.lawinfo.com Lindsey

    Hi E.Thomasson. I can certainly understand this is a frustrating situation for you. If you would like to know whether or not you have any legal rights with this matter, I suggest you contact an attorney. An attorney can tell you whether or not your lay off was proper and whether or not you have any legal claims against your former employer. You can find an attorney at http://www.lawinfo.com. Good luck.

  • Rose

    I am an RN and I was laid off one week before Christmas, due to government funding, but was told my last day will be Jan. 30th. I have been terribley stressed and have been expected to continue my job as usual. If I have developed health problems associated with stress. Can I use sick pay to finish our this month. Can this agency call me back to work and deny unemployment benifits if I do not return?

  • Yuki

    I was laid off about 30 days ago. I submitted an expense report for my Cellphone charges to the company and they are refusing to process payment citing it is “excessive”. The company advises it’s employees to use it’s personal cellphone and then submit expense reports. I had not submitted for about 9 months, sheer laziness, but now the company is not willing to pay. What are my rights and what can I do to recover?

  • J.T.

    I was laid off, and so I filed for unemployement, after I couldn’t find a job. Now the Unemployement office called and said my ex- supervisor is telling them that I was never laid off and making up a lot of things. How do I prove that I was told that there was no more work and to turn everything in, because i was being laid off?

  • Sheri

    I was laid off from a mortgage company where I am a processor and receive w2 wages for my salary and I also have my real estate license so I have a 1099 for some loan business of my own. This is all gone now that I am laid off will I have a propblem since I receive both w2 and 1099.

  • Kat

    I was laid off in mid-February of this year and filed for employment benefits. I was sent a letter from the UI offices to alert me to a scheduled phone interview. I was prepared to take the interview, but the UI offices failed to call me, which has been confirmed by my telephone provider. I called the offices numerous times after the date to reschedule the phone interview but could not get through to an actual person.
    Now I am told I must go through an appeal becaused I refused to provide information about my claim even though I let the UI office know that I had confirmed the fact that I was never given the opportunity to supply that information. Someone is placing false evidence on my claim, and it’s not me.

  • Don

    I was hired by a company at the end of 2008. The offer was rescinded three days before the start date. They called me back in Feb. 09 and offered the position to me again. Both times I had signed a contract. I worked for the company for one month and a few days and then was told they were laying me off. I did get a sev. package the second time around. What are my rights? Thank you

  • http://www.lawinfo.com Lindsey

    Hi Don. I can certainly understand what a frustrating experience this must have been for you. I suggest you speak to an attorney who can review the contracts you signed as well as the severance package you accepted in order to determine your legal options. You can find a labor and employment attorney in your area through the directory at http://www.lawinfo.com. Good luck!

  • http://www.homedepot.com Charles Boarden

    You people need to quit your wining and get a job. There are jobs out there!

    Charles Boarden
    Home Depot

  • Cate Mars

    Lindsey, do you use the same stock replies for everyone? Is anyone actually offerring any real advice or help on this site?

  • Cate Mars

    Mr. Boarden,

    I would not want to be your neighbor and/or part of your community. I have a PH.D. in economics and have always been a hard worker. Circumstances are unique for each person. Try to understand that.

  • http://www.lawinfo.com Lindsey

    Hi Cate. Thanks for your comments. If you are in need of legal advice, I suggest you contact an attorney. An attorney is the only person who can actually provide you with legal advice specific to your particular situation. That said, this blog site, in addition to the legal resource library on http://www.lawinfo.com, is a great resource for someone looking for legal information to help them start solving their legal problems. Since you commented on a piece about unemployment, for example, check out: http://www.lawinfo.com/Unemployment.html. You can browse for information by relevant topic or you can search for your particular interest. Good luck!

  • James

    Supervisor offered a night position,he stated i either take it or be laid off. Due to the fact
    the company needed to reduce volume.The position offered would be a demotion from machine oper-
    ator to machine packer.The previouse shift was from 7AM-7PM the new shift 7PM-7AM.I accepted offer
    to be laid off to help the volume reduction.The supervisor stated i could enter a program where they
    would pay for college.In the mean time while begining unemployment i began three job searches
    a week.I enrolled into a college program “Police Academy”which starts this month on the 19th.
    I previously had got contacted by a work force investigator;he stated that since i refused a job
    offer.The job offer being the contract that the previous empolyer offered.The claim would be under
    investigation i dont see why it would since nothing whent wrong i left with good terms.

  • Eugene

    I was laid off in September with explanation that my position was eliminated.
    However, in couple of weeks after that my employer hired another person to do the same tasks what I did.
    It seems to me like I was fired. However, durring of my work with the company I had salary increasing, no one monthly bonus was missing, they never told me that my performance is bad and so on.
    Do I have any rights to get my position back or, at least to be compensated for my unemployment. I do have unemployment benefits from EDD.

    Thanks.

    Eugene.

  • Debbi

    Can a employer sell their small business and employees without informing the employees of the transaction? Should there be a written notice of options before the final sale?

  • jim

    I was told this past thursday before work that there was a mass layoff and I was one of the people to be laid off the following monday. This news was so unexpected and upsetting that it made me get sick I was so shaken and sick to my stomach that I need to leave. So I told my “foreman’ that I was sick and wanted to leave. I specifically asked him if there was going to be any repercussions. And he said no. So I left. Without any scene or nasty comments. Here comes the problem. I got a call from a coworker, and he said that the foreman was saying I caused a scene. I have witnesses who were present when I left. And I have witnesses who heard me get sick. What do I do? I feel like they’re gonna try and deny my unemployment. I really feel sick to my stomach, now more than ever. Any suggestions would help. Thanks, Jim

  • AnnMarie

    My position at work is being laid off but my employer offers me a other job but I was admin and the other job is paying union dues, and a cut in pay. If I refuse and take the lay off CAN I REFUSE? WHAT RIGHTS DO I HAVE?

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