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For the 9 to 5s

Your Rights After Wrongful Termination

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Often, when you are fired or laid off, you are in shock, confused, and not thinking straight. Your manager or human resources may be rushing through the process of getting you out the door. They may explain a few things about COBRA, unemployment benefits, and your vacation hours, but your brain cannot keep up. They hand you paperwork and your belongings. They may tell you to sign some documents. 

You are going through the motions and chances are you do not know what rights you have. Here are some important rights to keep in mind:

  • You must be paid all earned wages within 72 hours of termination when you were not provided prior notice of the termination
  • You must be paid all earned wages on your last day of work if you were provided 72-hours notice of the termination
  • You must be paid all accrued vacation hours
  • You must be paid all Paid Time Off (PTO) hours
  • You must be reimbursed for reasonable expenses you incurred for your employer (e.g. mileage)

Note that you do not have to sign a severance agreement to receive your final paycheck, vacation hours, and PTO hours. Signing a severance agreement could waive your right to seek legal action against your employer. Speak to an attorney before signing.  

Because each situation is different, it is important to speak to an experienced employment attorney about your situation. Contact Luna Legal Firm P.C. for a free phone consultation at info@lunalegalfirm.com.

Disclaimer: This is attorney advertising. This does not constitute a guarantee, warranty, or prediction regarding your legal matter. This does not constitute legal advice nor does it create an attorney-client relationship. This is intended to serve as general public information. The laws on these subject matters change periodically, thus this information may not be up to date. Advertising by Luna Legal Firm P.C., 16501 Ventura Blvd. Suite 400, Encino, CA 91436.

Silvia Luna, Esq.

Silvia Luna, Esq., founded Luna Legal Firm with one goal: to provide compassionate, bilingual legal services to individuals and small businesses in need. With years of experience in employment law, personal injury, and business consulting, Silvia is dedicated to making sure her clients feel heard, understood, and protected. She’s not just your lawyer—she’s your advocate, partner, and guide through every legal challenge.