Top Laws that Protect You When You’ve Been Laid Off
Losing your job is stressful. Beyond financial worries and health insurance concerns, you may be asking: What rights do I have after being laid off? Fortunately, several federal laws provide protection for employees who have been laid off.
If you’re in Florida (especially Tampa or St. Petersburg), understanding these protections is even more important. Florida employees face frequent mass layoffs in industries like healthcare, hospitality, and logistics. Local case review with a Sarasota employment attorney can help ensure your rights are fully protected.
COBRA: Continue Your Health Insurance After a Layoff
The Consolidated Omnibus Budget Reconciliation Act (COBRA) allows you to keep your existing health coverage after termination or reduced hours.
- Employers must provide written notice of your COBRA rights within 90 days.
- You must actively elect continuation coverage.
- Failure to notify you properly may result in liability for the plan administrator.
In the Tampa Bay area, many employees rely on COBRA to maintain health coverage during transitions. If your employer did not provide proper COBRA information, speaking with a Florida employment rights lawyer can clarify your options.
HIPAA: Special Enrollment Rights After Losing a Job
The Health Insurance Portability and Accountability Act (HIPAA) protects you if you want to switch plans after losing your job.
- You can enroll in a spouse’s employer plan without waiting for open enrollment.
- Losing your job triggers a “special enrollment period” for the Healthcare Marketplace.
- Depending on your income, subsidies may help lower premium costs.
For St. Petersburg employees, HIPAA rights often mean quick access to affordable health care without a long coverage gap. Local legal support ensures you understand both federal protections and Florida-specific enrollment options.
WARN Act: Notice Requirements for Mass Layoffs
Under the Worker Adjustment and Retraining Notification (WARN) Act, employers with 100+ employees must provide 60 days’ notice in cases of plant closings or mass layoffs.
- Applies to both hourly and salaried workers.
- Notice must be given to employees, managers, and local government officials.
This law answers frequent questions like “layoff notice requirements” and “employee rights WARN Act.” In Florida cities like Miami, large employers in manufacturing, tech, and retail are often subject to WARN Act obligations. If your company failed to give notice, a Miami layoff attorney may help you pursue remedies.
ADEA: Age Discrimination Protections During Layoffs
The Age Discrimination in Employment Act (ADEA) protects employees 40 years and older from being unfairly targeted in layoffs.
- Employers cannot reduce the workforce based on age.
- They cannot pressure older employees into early retirement.
- Employees can pursue legal action if age discrimination influenced termination.
Florida’s large retirement-age workforce makes age discrimination in layoffs a common issue. If you’re in Jacksonville and suspect your age factored into your termination, consult with a Florida employment discrimination attorney.
Anti-Discrimination Laws: Protecting Workers in Other Classes
Beyond age, federal laws also protect workers from layoffs motivated by:
- Sex and gender
- Pregnancy
- Religion
- Race or ethnicity
- Disability
- Whistleblowing activity
If you believe your layoff was tied to one of these protected categories, you should speak with an attorney at Wenzel Fenton Cabassa, P.A.. Their team serves employees across Tampa, St. Petersburg, and all of the major metropolitan areas in Florida who are facing workplace discrimination or retaliation.
Talk to an Employment Attorney Today
If you believe your layoff was unlawful, or you weren’t given the rights you’re entitled to, contact the professional employment attorneys at Wenzel Fenton Cabassa, P.A. for a free case evaluation. Their team proudly serves clients in Tampa, St. Petersburg, and across Florida.
FAQs About Employee Rights After a Layoff
What are my rights if I’ve been laid off?
You may have the right to continue health coverage (COBRA), join a new plan immediately (HIPAA), receive 60 days’ notice in mass layoffs (WARN Act), or challenge discrimination (ADEA, Title VII). Florida workers may have additional considerations under state law.
Can I sue for being laid off unfairly?
You cannot sue simply for being laid off, but you can take legal action if the termination violated discrimination laws, the WARN Act, or other protected rights. A Wenzel Fenton Cabassa can review your case to see if you have legal grounds.
What happens to my benefits after a layoff?
Health coverage may continue through COBRA or HIPAA enrollment. Retirement plans depend on your employer’s policies, but you generally keep what you’ve already vested. Florida employees often need guidance on how local unemployment benefits interact with federal protections.
Please Note: At the time this article was written, the information contained within it was current based on the prevailing law at the time. Laws and precedents are subject to change, so this information may not be up to date. Always speak with a law firm regarding any legal situation to get the most current information available.
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