Leaving Your Job? Make Sure You Know Your Rights

No matter the reasoning behind your departure from your current job — whether you have been terminated or the ink is still drying on your resignation letter — you’ll want to take care of a few things before you leave your employment relationship. Prior to packing up your things and saying goodbye to your favorite colleagues, you’ll want to know your legal rights as an employee and how to exercise them. 

Why? Because these rights can help safeguard your finances — making the gap between this job and your new job far more manageable. As an Ohio employment law firm, Hux Law Firm is committed to making sure our clients know their employee rights during and after employment. Below, we outline the laws you need to know if you’re thinking about leaving your job or have already put in your resignation to your former employer. 

Unemployment Insurance

During COVID-19, many employees became deeply familiar with unemployment insurance as they found themselves unexpectedly unemployed due to no fault of their own. If your departure from your job was against your will, you may be eligible for up to 26 weeks of unemployment benefits. Determining your eligibility will be a crucial first step as you search for a new position — and can be vital to your financial future. 

Health Insurance

If the position you are leaving was with any large companies, consisting of 20 employees or more, you are entitled to the option of receiving continued health benefits under the Consolidated Omnibus Budget Reconciliation Act (COBRA). As long as you continue to pay your premiums, you and your children have the right to receive coverage while you look for a new employer. 

Severance Pay

A severance package can include compensation, health insurance, and other benefits — in Ohio, many employers are not required to offer severance pay following job loss. With that said, most employers still offer severance pay, and you’ll need to know if you are eligible. Some situations where employers may offer severance pay include: 

• When an employee handbook promises severance, even to other employees
• When an oral severance agreement was made
• When there is a written severance agreement

Collecting Your Final Paycheck

Ohio workers must receive their final paycheck within 15 days of your final day of employment or on the scheduled pay date, whichever comes first. Should you not receive your final check within 15 days, you can file a complaint or take legal action with the Ohio Department of Labor — and may be entitled to unpaid wages and damages if it is determined that your employer violated any laws or employment contracts. This law does not differentiate between government employees, private sector employees, terminated employees, or those who have already resigned. That means you are entitled to your final paycheck regardless of the circumstances surrounding your departure. 

Lean on Hux Law Firm 

It can be easy to get caught up in the emotions surrounding leaving your job, but it is important to “keep your eye on the prize” through the process. If you’re unsure of your rights, or believe your rights as an employee may have been violated, call on the team at Hux Law Firm. We have helped countless Ohio workers navigate employment rights, and can help you receive the benefits you’re entitled to after leaving a job.