A reduction in force (RIF) is the permanent termination of employees due to restructuring, the elimination of their department, or a lack of funding or available work to support those employees. A layoff, on the other hand, technically means that the termination is only temporary. However, it has come to mean a permanent termination in recent years, and in many cases, employers use it to mean exactly that. Individuals who lose their jobs to RIF and layoffs are entitled to collect unemployment benefits. In addition, if your employment contract included a severance pay clause, you are entitled to receive this payment. If you believe you have been wrongfully terminated, reach out to our office for a free consultation.
What Are My Rights if I’ve Been Layed Off or Let Go Due to RIF?
There are several federal and state laws that protect workers from the devastating consequences of unemployment that come without notice or warning. Employers have a duty to provide their employees with ample time to adjust and plan when they are faced with RIF and mass layoffs.
These include:
The WARN Act
NJFLA
FMLA
COBRA
Anti-Discrimination Laws (such as Title VII)