The layoff is the dismissal, temporary suspension, or permanent termination of the employment of a worker or group of workers (collective dismissal) for commercial reasons, personnel management, or the downsizing of an organization or company.
This type of dismissal should not be confused with an unfair termination of an employment relationship with an employer or company since workers are dismissed due to the closure or relocation of the company , or because there is not enough work for all employees, or their position or turn is eliminated.
The layoff is a type of dismissal that has nothing to do with the performance or attitude of the worker, but rather with a reorganization of the resources or strategy of the company.
This measure is generally taken because the salaries and benefits of employees are the part of the budget that is most attractive when it comes to reducing expenses.
If a layoff occurs at work, these are the benefits that can be requested:
Request the money the employer / company owes you:
It is the money as payment for the hours worked or tasks performed which should be received soon after the notification of layoff. You also have to ask for other amounts that you have earned but have not been paid, such as commissions and reimbursements of expenses owed to you.
● A laid-off worker may be entitled to compensation if state law stipulates it or if the policies or practices of the employer or employees have it in mind:
It is important to review the state law to know what claims can be made and to contact the Department of Labor of the corresponding state.
● A worker is entitled to compensation if it is stipulated by the policies of the company he or she works for. The main point is that this is a recurring practice. Even companies that do not have compensation policies for dismissal may have a legal obligation to grant compensation, if they have always paid it to employees dismissed in the past. At some point, a regular practice like this becomes a type of contract the company can have.
Layoff and Workers’ Compensation
Workers’ compensation is not a form of severance pay, but you may be entitled to receive it even after you are fired. Workers’ compensation is a form of insurance that most employers must have.
Employees who suffer work-related injuries or illnesses are entitled to certain benefits through workers’ compensation, including medical expenses, partial replacement of income and, if applicable, relocation benefits.
If at the time of layoff or dismissal you were receiving workers’ compensation, you may have the right to continue with your benefits until your inability to work is over.
You need to know that it is perfectly legal for an employer to dismiss or layoff an employee who has an active claim for workers’ compensation, provided that the dismissal is not related to the claim. For example, if your employer dismisses your entire department or closes the facilities where they work.
However, an employer or boss cannot fire or layoff an employee because they receive or filed a workers’ compensation claim. For example, if you are the only one who loses your job, and your employer points out that it is due to an injury you have, calling your dismissal a layoff does not detract from the responsibilities your employee has with the employee or worker.
In everyday life, it is common to find cases when workers have an injury or an accident at work and employers dismiss them immediately to avoid giving them the benefits of workers’ compensation that by law they are entitled to. This is completely illegal, and the claim can be lifted through a lawyer who helps the worker get what he deserves.
This Blog is made available by Grupo MedLegal for informational purposes only and does not provide legal or medical advice. The information provided on the Blog should not be used as a substitute for competent legal or medical advice from a licensed professional.