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Employee Rights

Know Your Rights Regarding Layoffs and Termination as an Employee

Right to demand a fair amount of wage, good working conditions, and privacy in personal matters are some of the many rights granted to an employee.
Workspirited Staff
Last Updated: Apr 22, 2018
Anywhere in the world, employees/workers have some basic rights in common. Different countries have different rules and regulations supporting these rights; however, some of them, as mentioned above, are fundamental all across the world. The rights of employees include fair compensation, privacy, and freedom from discrimination. A worker should not be discriminated on the basis of nationality, race, religion, gender, or age. He/she also has the right to privacy, which means that no one else can have access to his/her possessions, and also to the telephonic conversations in the office. However, this does not apply to the usage of e-mail and other Internet applications. The employer can track the Internet usage history of his/her employees; however, he/she cannot check their background or credit history, without their permission.

The information regarding laws and federal regulations is useful to know about various employee rights. Names of the different Federal laws are enlisted below.
  • Age Discrimination in Employment Act (ADEA)
  • Americans With Disabilities Act (ADA)
  • Fair Labor Standards Act (FLSA)
  • Family and Medical Leave Act (FMLA)
Layoffs
A situation in which the employer needs to temporarily suspend the service of an employee, or may have to permanently terminate it is known as a layoff. This situation may occur due to downsizing, restructing leading to redundancy, or reduction in force. An employee who is laid off is entitled to some benefits, such as health insurance and pension.

According to the Worker Adjustment and Retraining Notification Act (WARN), the firm employing more than 100 workers has to notify them, at least sixty days in advance, before the job cut.

The final pay has to be issued by the employer immediately, or within 30 days after the employee is laid off. Wages until the final day of services, commissions, bonus if any, overtime, and vacation pay may be included in it.

Termination
Termination can be lawful as well as unlawful. If the services of an employee are terminated by unfair means, he/she can carry out legal proceedings against the employer, provided the proceedings are followed in the purview of laws of that particular country. In case of a termination that is legal, he/she may have access to certain benefits that have been specified in the contract. Severance packages are offered by most of the employers. Generally, a salary amounting to that of one week, for every year is offered as a severance package to the employee.

The topic of employee rights is subject to various factors, including the laws and rules of a particular country, contracts, and terms specified by the concerned employer, and the constantly changing work environment all across the world.