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Involuntary Termination of Employment

Involuntary termination is when an employer wishes to end an employment relationship with an employee, also known as being laid-off. A person that has just been laid off is entitled to a variety of benefits from unemployment that are not offered to those who have been terminated due to quality of work, tardiness, absenteeism, insubordination or anything having to do with misconduct. A person laid off that qualifies for Consolidated Omnibus Budget Reconciliation Act (COBRA) unemployment benefits may also receive financial compensation as well as medical and other benefits, where as a person whom has been terminated for conduct reasons would not be entitled to said benefits. Below are the top five, most asked questions about involuntary termination. The Experts can answer any other questions that may arise.

When a person is laid off, do they have the right to file for unemployment benefits?

In most situations, unless a person was involuntarily terminated due to a violation of company policy, misconduct or insubordination he/she may apply for unemployment benefits. Termination due to performance and layoffs are not a common reason for being denied unemployment benefits. However, anyone can apply for unemployment, not always will unemployment benefits be approved.

When a person is involuntary terminated, is it the employers responsibility to send a letter of the involuntary termination to the employee?

In most cases, it is not required for an employer to send a letter of involuntary termination. An employer has the right to terminate anyone at anytime for anything as long as it doesn’t conflict with the company policy or a person’s contract.

In Colorado, when an employee is terminated, should the employee receive their final paycheck before they leave from the place of employment?

In the state of Colorado, in most cases the final paycheck should be handed to the employee upon leaving the workplace unless the accounting department is located off-site or closed, then it must be received by the employee within 24 hours. Under the Colorado Wage Law, if involuntary termination takes place, wages are to be given to the employee within 24 hours, however, if the employee quits the employee must be paid on the next pay cycle.

Is it considered involuntary termination if a person’s insurance is terminated after turning 65 and qualifying for Medicare?

A persons insurance being terminated because of the fact that a person qualifies for Medicare is not considered involuntary termination. In many cases, involuntary termination is considered reaching insurance limits or not meeting or paying insurance premiums.

If a person is involuntarily terminated can a person be denied unemployment benefits if the company says a person quit when there was no letter of resignation or final warning?

In many cases, this very well could prevent a person for receiving any type of unemployment benefits. A person would have to file an appeal and then show proof that the company involuntarily terminated them. An individual may qualify for unemployment benefits if the employee can prove that their termination was not for misconduct. Misconduct is usually is considered, intentional or controllable acts or failures to take action, which show a deliberate disregard of the employer's interest. Isolated instances or good faith errors are not considered misconduct

Involuntary termination is hard on all parties involved. There are many issues from qualifications of benefits to filing for the proper benefits. The questions and procedures may be confusing to some people and may require them to look to an expert for insight and direction. If a person finds themselves stuck without any sense of direction, the Experts are an affordable way to get the information a person may need to clear up any confusion about involuntary termination.

Ask an Employment Lawyer

Tina
Tina, Lawyer
Category: General
Satisfied Customers: 8108
Experience:  JD, BBA, recognized by ABA for excellence.
4460311
Type Your Employment Law Question Here...
characters left:
4 Employment Lawyers are Online Now

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    Ask follow up questions if you need to.
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    Rate the answer you receive.

Employment Lawyers are online & ready to help you now

Tina
Lawyer
Satisfied Customers: 7759
JD, BBA, recognized by ABA for excellence.
Marsha411JD
Lawyer
Satisfied Customers: 10539
Licensed Attorney with 27 yrs. exp in Employment Law
Infolawyer
Lawyer
Satisfied Customers: 9785
Licensed attorney helping employers and employees.

Recent Involuntary Termination Questions

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    I work with an independent broker dealer, my business partner has bipolar disorder and recently solicited a prostitute (or it appears that way) on our work email. He went into rehab when questioned and then when he got home answered a call from a client and told the client he was addicted to pills and had been in treatment. He also told the client he was getting them from India. My broker dealer and I are trying to get him to resign and he refuses saying he can get an injunction against his termination. is this true?
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    My boyfriend's boss told him he was terminated after the end of this year. He has a company computer and the employer was holding an expense check for over $4,000 for the return of the computer. No written policy, awful handbook. Is this legal? Today I tried to return the computer but the boss gave me an incorrect fedex account number so after it was all boxed up etc I couldn't send it. I called the boss who said too bad, it has to wait until Monday, be sent by ground (3 days) and he won't release the check until he gets it. Doesn't seem right. I told him I valued the laptop, mouse, hard rive and briefcase at $700 which is a HIGH estimate and the expenses obviously are worth much more. I would like to tell him what he is doing is illegal.
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    Nursing at will position. I received another job offer but cannot give what employer wants as far as 4 weeks notice. The policy (which I agreed) is that if I give less than 4 weeks notice, I will be paid for my time at minimum wage. What should I do? The best I can give is 2 weeks. I don't want to give that because I hate this job and it is really awful.
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