What to Do When You Are Fired or Laid Off: The Benefits and Legal Rights You Need to Know to Get Back on Your Feet
In the last five years, more than a million jobs have been lost in the United States, many of them due to the closure of plants, factories, or downsizing in shrinking companies. Millions more people have lost their jobs due to being fired, restructuring, or mergers in major corporations. Many thousands more are expected to lose their jobs in the year to come and that leads many to wonder what rights and benefits they have to help them recuperate and get back on their feet. This comprehensive...
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In the last five years, more than a million jobs have been lost in the United States, many of them due to the closure of plants, factories, or downsizing in shrinking companies. Millions more people have lost their jobs due to being fired, restructuring, or mergers in major corporations. Many thousands more are expected to lose their jobs in the year to come and that leads many to wonder what rights and benefits they have to help them recuperate and get back on their feet. This comprehensive guide to the laws and benefits provided to those individuals who have lost their jobs, for whatever reason, will help you discover exactly what you can do to ensure you have the resources you need to salvage your life and your career after losing a job.A complete listing of the requirements your employer is bound to and the legal implications of your particular situation will be provided in multiple chapters broken down to reflect the various situations in which you lost your job. If you were laid off due to a factory closing, you will be given advice on how much of your retirement benefits you are entitled to, how much notice your employer is legally required to provide you (as per the WARN act), and what you can do in the final 60 days to shore up future employment. If your company downsizes, you will be given detailed descriptions of the laws that apply to your workplace according to where you work and how long you have worked there. You will learn what opportunities the federal government provides to those who have lost their jobs, including unemployment benefits and welfare coverage. You will also learn about how you can take advantage of additional workforce training to further your technical skills. You will learn how to handle your taxes while unemployed. You will learn how to know if your firing was legal and if you have a legal basis to reproach your company for laying you off. If you were unfairly terminated, you will be shown how you can approach an attorney and what you need to provide to win your case.Finally, you will be shown which resources and tools are available to help you get back on your feet, finding a new job that utilizes your skills and training. You will learn how you can modernize your skill set with additional training, seek out hiring services, and supplement your income between jobs with temporary or part-time opportunities. Hours of expert opinions have been gathered into this book from hiring managers, employment lawyers, and other experts in the field to help you know exactly what rights you have and what you can do to recover. If you have been laid off, fired, or unfairly terminated, this book will provide you with everything you need to minimize the stress and suffering of your situation and get back on your feet in no time.
Foreword 13Introduction 17Chapter 1 Before You Become Unemployed 21Prepare Yourself Financially 23Investigate Other Possibilities 24Prepare Yourself Legally 25Chapter 2 What are your Rights, Benefits, and Obligations? 31Unemployment Insurance 31Living Assistance 33Notification - The WARN Act 34Health Insurance - COBRA 37Trade Act 37Job Search Assistance 38One-Stop Career Centers 38Severance Pay 39Other Components of the Severance Package 39Timing of Payment 40What Are Your Options? 40Types of Unemployment 40Chapter 3 Reduction in Force (RIF) 45Reduction in Force 45Layoff/Restructuring 46Temporary Layoffs/Furloughs 46Your Rights and Resources 47Temporary Furlough 47Permanent Layoff 48Your Employer's Obligations 48Chapter 4 Closing/Bankruptcy 53Business Closing/Bankruptcy 53Your Rights and Resources 54Your Employer's Obligations 55Chapter 5 Faring 61Firing 62Firing with Cause 62Firing without Cause 63Wrongful Discharge 63Illegal Discrimination 64Your Rights 65Your Employer's Obligations 66An Employer's Obligations in a Termination with Cause 66Sample Letter of Understanding 68An Employer's Obligations in a Termination Without Cause 68Chapter 6 Have You Been Fired Illegally? 71Can You Sue Your Former Employer? 72Employees Under Contract 72Union Workers 73Government Workers 73Whistleblowers 74Public Policy 77Chapter 7 Considerations for a Lawsuit 81Employment Contracts 82Improper Notice Under the WARN Act 82Discrimination 83Filing an Equal Employment Opportunity Commission Complaint 84The Process of Challenging a Termination86Deciding on a Settlement 88Chapter 8 Working with an Attorney to Challenge a Termination 93How to Find the Right Attorney 93Questions to Ask Before Hiring an Attorney 94What You Need to Provide Your Attorney 96Chapter 9 Surviving Unemployment 101Getting Help 102Health Insurance 102Mortgage Assistance 103Assistance with Utilities 105Food Stamps 106Assistance with Debts 108Coping Emotionally and Physically 110Chapter 10 Budgeting 117Analyzing Your Monthly Expenses 118Analyzing Your Monthly Income 120Reducing Expenses 121Chapter 11 Generating Additional income 125Home Equity Lines of Credit 127Part-Time or Temporary Work 127Monthly Budget 128Handling Your Taxes 130Chapter 12 Networking, Support Groups, and Qther Resources 135Networking 135Support Groups 137Training Resources 137Workforce Investment Act (WIA) 138One-Stop Career Centers 139Community Colleges 140Chapter 13 The Job Hunt 145Essential Elements of an Effective Job Search 145Using an Employment Agency 147Types of Employment Service Firms 148Protecting Yourself 150Print and Internet Ads 151Job Fairs 152Create Your Own Job 153Chapter 14 Résumés and Cover Letters 155The Biggest Mistakes of All 156Résumé Styles 157Chronological 157Functional 158Targeted 158Creative 158Web Résumés 159Sample Chronological Résumé 160Sample Functional Résumé 161Sample Targeted Résumé 162Writing the Cover Letter 167Types of Cover Letters 172The Solicited Response 172Letters to a Recruitment Agency 172"Cold-Call" Letters 173Online Cover Letters 174Writing a Cover Letter After Being Fired or Laid Off 174Sample Cover Letters 175Sample Solicited Response Cover Letter 177Sample Cover Letter to a Recruiter 178Sample "Cold-call" Cover Letter 180Sample Online Cover Letter 181Chapter 15 The Job interview 185Preparing for an Interview 185Sample Thank-you/Follow-up Letter 188How to Handle your Termination in an Interview 189Moving On: What Losing a Job Taught Me 193Conclusion 193Appendix A Glossary 195Appendix B Federal Whistieblower Protection Laws 199Appendix C Resources by State 205Breakdown of State Discrimination Laws 205Dislocated Worker Assistance Centers by State 223State Living Assistance Programs 230State Departments of Labor 237Legal Services Corporation State Offices 243Equal Employment Opportunity Commission (EEOC) 259State Civil Rights Offices 269State Workforce Investment Act Offices 276State Health Insurance Continuation Laws 285LIHEAP State Grantees 307OSHA Offices - To Report Whistleblower Discrimination 331Small Business Administration (SBA) offices 334State Rapid Response Coordinators 339Appendix D Resources 351Appendix E Bibliography 353Author Biography 355Index 357
