Laid Off? Know If You Can File For Damages
Being laid off can be one of the worst things that can happen to you. Depending on the circumstances of your separation with your employer, you have an option to file for damages. This could include severance pay, unemployment and other benefits that will provide you with funding while you are in search of a new job.
In some more unfortunate situation you may not be able to get any benefits or legal protections. So the first this you should do is to determine if you were laid off, fired or if you quit. This will determine your eligibility for damages.
If you were laid off, it's likely that you were laid off with several others because the company has downsized or did away with a particular department. Under employment law, you will be able to file a claim for unemployment compensation. Further, based on your position, you may also qualify for a severance package.
Solicitors can help you determine what you are entitled to. When you were first hired, you were likely provided an employment contract. This gave details as to what you would be entitled to when parting from the company. This can be used for your protection if the company that laid you off is claiming that they don't owe you anything.
If you were fired, you won't be entitled to file for damages. You were fired from the company likely because you were not suitable for the position or you broke company protocol. You cannot claim unemployment from the government and you will most likely be unable to get a severance package as well.
An unlawful firing is something else entirely. If you feel that you were fired for illegitimate reasons, then you may have grounds to regain your position or sue for damages. A lawyer will be able to assist you with this claim more effectively than trying to go through it on your own.
The same goes for if you chose to quit. This is a voluntary separation from the company and therefore you waive your rights to any kind of claims - from the company or from the government.
Being laid off is something out of your control. Even if you saw it coming, you may not have had the opportunity to get a new position elsewhere yet. Filing for damages can be the best way to look after your finances, so long as you actually qualify to file for the damages based upon your situation.
About the Author
John Greyson is one of the most knowledgeable guys in town, he knows everything one needs to know when looking for legal help. Visit http://www.mmlaw.com.au/ and stay tuned for more of his cool tips and legal advices about consulting McColm Matsinger Lawyers.
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