Employer Archives - Hernandez Law | Attorney Tatiana Hernandez for Workers’ Rights
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What are your legal rights after you quit your job?

 

Quitting a job is a big decision, and it’s crucial to understand that your rights don’t end when you decide to end your employment with your current employer. Whether you left your position voluntarily or after being harassed, there are legal protections to help you better navigate this transition.

Right to Final Pay

In most states, your employer must provide your final paycheck within a specific time frame after you resign. For example, in California, your employer must give you your final paycheck immediately if you resign early and provide advance notice.

Unused Vacation Pay or Paid Time Off

Unused vacation, or PTO in California, is considered earned wages, which must be included in your final paycheck. You can check with your state’s Department of Labor for specific regulations.

Continuing Your COBRA Health Insurance

If your employer has 20 or more employees, you can continue your health insurance through the Consolidated Omnibus Budget Reconciliation Act (COBRA). This law allows you to keep your health coverage for up to 18 months after you quit your job, although you will have to pay the entire premium.

Unemployment Benefits

Generally, voluntarily quitting your job disqualifies you from receiving unemployment benefits, but some exceptions exist. If you can show that you left your job for “good cause,” such as workplace harassment, unsafe working conditions, or other reasons, you may still be eligible to receive these benefits.

 

Quitting your job does not mean you will lose all of your employment rights or the benefits you are entitled to as an employee.

Our attorney, Tatiana Hernandez, is here to help you navigate this complex process in which you may feel lost or helpless. With her experience, she will ensure that you receive the benefits and payments due to you based on why you decided to quit.

Please do not hesitate to contact us for the legal help you deserve.

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Denial of Work Permits and What You Need to Know About Your Rights

Unjust denials of work permits can significantly affect your well-being and productivity at work. Understanding your rights as an employee is crucial to effectively addressing and resolving these issues to ensure the justice you deserve.

First: Understand What an Unjust Denial of Work Permits Means

Unjust denials of work permits occur when an employer rejects your request for leave, flexible hours, or accommodations in case of disability without justification. However, denying these permits or licenses can violate worker protection laws.

In such cases, employers must comply with laws such as the Family and Medical Leave Act (FMLA), which allows eligible employees to take unpaid, job-protected leave for specific family and medical reasons. Denying such leave without a valid reason can be considered unfair and illegal.

Additionally, under the Americans with Disabilities Act (ADA), employers must provide reasonable accommodations to employees with disabilities. Denying such permits or accommodations can severely violate the law and your rights.

Flexible working hours, although not all requests are protected by law, certain situations such as religious practices, parental responsibilities, and medical appointments for treatment may justify accommodations under specific anti-discrimination laws.

What Can You Do in Case of an Unjust Denial?

If you believe your employer has unjustly denied your request for leave, flexible hours, or accommodation, we advise you to follow these steps:

  • Keep detailed records of your requests and the employer’s responses, such as emails, messages, or documents. These pieces of evidence can be crucial for taking legal action.
  • Ensure your requests are explicit and provide all necessary documentation to support your case. Maintain open communication with your employer or the Human Resources department to seek a resolution before considering legal action.
  • If you cannot reach a fair solution according to federal or state laws, consult a labor law attorney to guide you through the complaint process.

Unjust denials of work permits can violate your rights as an employee. However, knowing your legal protections and the steps you can take, you can have the power to defend your rights.

If you need legal guidance, do not hesitate to contact Hernandez Law. We will help you navigate this complex process and obtain the justice you deserve after being mistreated in the workplace. Do not hesitate to contact us.

888.865.6506