Labor Laws

Home
Filing a Workers Compensation Claim  
Leaving a Job with Benefits  
Dealing with Layoffs  
Labor Laws Reading  
 
Partners  
     


Leaving a job with benefits

Resigning, getting laid-off, or getting fired from a job can be extremely stressful. The benefits individuals and their families once relied upon may suddenly be gone and the loss of income alongside can drastically change a person or families situation. While some people will have the financial luxury of taking their time transitioning to a new job, the majority of people know that the loss of income and benefits will not be able to be continued without finding new work quickly.

Before leaving the place of employment a person should first know what benefits they are eligible for. By law, an employer must give the employee some benefits, though depending on the place of employment and the departing situation there will be different entitlement. To be safe, best practice requires inquiries about severance pay, accrued vacation, overtime and sick pay, pension benefits and eligibility for unemployment insurance. In addition, inquiries on continuance of health and life insurance benefits should be asked.

Individuals are encouraged to file for unemployment as soon as possible to avoid a delay on receiving checks. Employers with over 20 employees are required by law to offer health insurance coverage through COBRA (Consolidated Omnibus Budget Reconciliation Act of 1985) to terminated employees for 18 months, though the former employee will have to pay for it. Some individuals will have health insurance coverage for a limited time as part of the severance package.

The Department of Labor has specific information on the details of pensions plans. Employees enrolled in a 401 (k), profit sharing or any other type of defined contribution plan may be allowed to have a lump sum distribution of the retirement money when departing from the company.

There are a lot of different factors that will determine what eligibility to benefits the individual has. By understanding the resources available, transitioning job positions can be much easier.