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 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 13

Introduction 17

Chapter 1 Before You Become Unemployed 21

Prepare Yourself Financially 23

Investigate Other Possibilities 24

Prepare Yourself Legally 25

Chapter 2 What are your Rights, Benefits, and Obligations? 31

Unemployment Insurance 31

Living Assistance 33

Notification - The WARN Act 34

Health Insurance - COBRA 37

Trade Act 37

Job Search Assistance 38

One-Stop Career Centers 38

Severance Pay 39

Other Components of the Severance Package 39

Timing of Payment 40

What Are Your Options? 40

Types of Unemployment 40

Chapter 3 Reduction in Force (RIF) 45

Reduction in Force 45

Layoff/Restructuring 46

Temporary Layoffs/Furloughs 46

Your Rights and Resources 47

Temporary Furlough 47

Permanent Layoff 48

Your Employer's Obligations 48

Chapter 4 Closing/Bankruptcy 53

Business Closing/Bankruptcy 53

Your Rights and Resources 54

Your Employer's Obligations 55

Chapter 5 Faring 61

Firing 62

Firing with Cause 62

Firing without Cause 63

Wrongful Discharge 63

Illegal Discrimination 64

Your Rights 65

Your Employer's Obligations 66

An Employer's Obligations in a Termination with Cause 66

Sample Letter of Understanding 68

An Employer's Obligations in a Termination Without Cause 68

Chapter 6 Have You Been Fired Illegally? 71

Can You Sue Your Former Employer? 72

Employees Under Contract 72

Union Workers 73

Government Workers 73

Whistleblowers 74

Public Policy 77

Chapter 7 Considerations for a Lawsuit 81

Employment Contracts 82

Improper Notice Under the WARN Act 82

Discrimination 83

Filing an Equal Employment Opportunity Commission Complaint 84

The Process of Challenging a Termination86

Deciding on a Settlement 88

Chapter 8 Working with an Attorney to Challenge a Termination 93

How to Find the Right Attorney 93

Questions to Ask Before Hiring an Attorney 94

What You Need to Provide Your Attorney 96

Chapter 9 Surviving Unemployment 101

Getting Help 102

Health Insurance 102

Mortgage Assistance 103

Assistance with Utilities 105

Food Stamps 106

Assistance with Debts 108

Coping Emotionally and Physically 110

Chapter 10 Budgeting 117

Analyzing Your Monthly Expenses 118

Analyzing Your Monthly Income 120

Reducing Expenses 121

Chapter 11 Generating Additional income 125

Home Equity Lines of Credit 127

Part-Time or Temporary Work 127

Monthly Budget 128

Handling Your Taxes 130

Chapter 12 Networking, Support Groups, and Qther Resources 135

Networking 135

Support Groups 137

Training Resources 137

Workforce Investment Act (WIA) 138

One-Stop Career Centers 139

Community Colleges 140

Chapter 13 The Job Hunt 145

Essential Elements of an Effective Job Search 145

Using an Employment Agency 147

Types of Employment Service Firms 148

Protecting Yourself 150

Print and Internet Ads 151

Job Fairs 152

Create Your Own Job 153

Chapter 14 Résumés and Cover Letters 155

The Biggest Mistakes of All 156

Résumé Styles 157

Chronological 157

Functional 158

Targeted 158

Creative 158

Web Résumés 159

Sample Chronological Résumé 160

Sample Functional Résumé 161

Sample Targeted Résumé 162

Writing the Cover Letter 167

Types of Cover Letters 172

The Solicited Response 172

Letters to a Recruitment Agency 172

"Cold-Call" Letters 173

Online Cover Letters 174

Writing a Cover Letter After Being Fired or Laid Off 174

Sample Cover Letters 175

Sample Solicited Response Cover Letter 177

Sample Cover Letter to a Recruiter 178

Sample "Cold-call" Cover Letter 180

Sample Online Cover Letter 181

Chapter 15 The Job interview 185

Preparing for an Interview 185

Sample Thank-you/Follow-up Letter 188

How to Handle your Termination in an Interview 189

Moving On: What Losing a Job Taught Me 193

Conclusion 193

Appendix A Glossary 195

Appendix B Federal Whistieblower Protection Laws 199

Appendix C Resources by State 205

Breakdown of State Discrimination Laws 205

Dislocated Worker Assistance Centers by State 223

State Living Assistance Programs 230

State Departments of Labor 237

Legal Services Corporation State Offices 243

Equal Employment Opportunity Commission (EEOC) 259

State Civil Rights Offices 269

State Workforce Investment Act Offices 276

State Health Insurance Continuation Laws 285

LIHEAP State Grantees 307

OSHA Offices - To Report Whistleblower Discrimination 331

Small Business Administration (SBA) offices 334

State Rapid Response Coordinators 339

Appendix D Resources 351

Appendix E Bibliography 353

Author Biography 355

Index 357