Labor & Employment Law – What to Consider After Losing Your Job

First:

File for unemployment as soon as possible so you don’t miss any deadlines.  There is no guarantee that you will be eligible for unemployment benefits but it doesn’t hurt to try.  You may be eligible for unemployment benefits depending upon the circumstances surrounding your job loss and whether you receive any compensation as severance on the way out the door.

Second:

Consider whether you have a contract with your former employer, either individually or through a union.  Today, at will employment is very common.  Generally, employers and employees each have the option to terminate the employment relationship at any time for any reason or for no reason at all.  However, an employee may have the right to enforce a contract if his or her employer failed to uphold the agreed upon terms of employment.  The provisions of a written contract are more likely to be enforceable but even an oral promise may have legal ramifications.

Third:

Make sure you are fully paid by your employer.  It is not unusual for an employer to fail to pay wages or to withhold a commission payment to a former employee.  Employers may face stiff penalties for neglecting to make these payments.  An employee may have several options to pursue a claim through the state or the court system.

Fourth:

Check to see if your former employer has any written policies or an employment handbook that may apply to you.  While the terms of a policy or handbook provision may not be legally enforceable against your employer, it doesn’t hurt to bring the relevant provision to the attention of your employer to see if they will honor it.  An example of a relevant provision would be a severance policy guaranteeing separation pay based upon years of service.

Fifth:

Verify what happens to your employment benefits now that you’ve lost your job.  Health insurance is the most common benefit to consider here.  Make sure to confirm when your employer will stop providing benefits.  Also, consider whether you want to continue any benefits through an individual plan.  You may be eligible for continued medical and dental benefits through The Consolidated Omnibus Budget Reconciliation Act (“COBRA”) as well.

This five-point list is not meant to cover all the possible issues that may arise when you lose your job but it is a starting point.  Under some circumstances, more complicated matters concerning deferred compensation, employment discrimination and whistleblower claims must be considered.  If you have any questions about your rights, please consult with an attorney.

Maya Murphy P.C. has proudly been included in the 2024 Edition of Best Law Firms®, ranked among the top firms in the nation. In addition, Managing Partner Joseph C. Maya has been selected to The Best Lawyers in America® 2024 for his work in Employment Law and Education Law in Connecticut. Recognition in Best Lawyers® is awarded to firms and attorneys who demonstrate excellence in the industry, and is widely regarded by both clients and legal professionals as a significant honor.

Our firm in Westport, Connecticut serves clients with legal assistance all over the state, including the towns of: Ansonia, Beacon Falls, Bethany, Bethel, Branford, Bridgeport, Brookfield, Cheshire, Danbury, Darien, Derby, East Haven, Easton, Fairfield, Greenwich, Guilford, Hamden, Madison, Meriden, Middlebury, Milford, Monroe, Naugatuck, New Canaan, New Fairfield, New Haven, Newton, North Branford, North Haven, Norwalk, Orange, Oxford, Prospect, Redding, Ridgefield, Seymour, Shelton, Sherman, Southbury, Stamford, Stratford, Trumbull, Wallingford, Waterbury, West Haven, Weston, Westport, Wilton, and Woodbridge. In addition to assisting clients in Connecticut, our firm handles education law and employment law matters in New York as well. 

If you have any questions about employment law or education law in Connecticut, or would like to speak to an attorney about a legal matter, please contact Joseph C. Maya and the other experienced attorneys at Maya Murphy, P.C. at (203) 221-3100 or JMaya@Mayalaw.com to schedule a free initial consultation today.