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Johnny C. Taylor Jr. answers your human resources questions in this USA TODAY series. Taylor is president and CEO of the Society for Human Resource Management, the world’s largest human resources professional association, and the author of “Reset: A Leader’s Guide to Working in Turbulent Times.”
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Q: Although I have received positive feedback on my performance since starting my job, I was recently fired for performance reasons. In fact, this is the first time I’ve been singled out for substandard work, and they didn’t provide any specific details about the standards or my work. Do employers need to give reasons for layoffs? If they provide false reasons, is there anything I can do? – Maya
A: I’m very sorry to hear about your recent dismissal. It must be incredible to learn about a substandard job for the first time while being fired. Unfortunately, I don’t have the best news for you. While in some states your employer may be required to provide an explanation under state law, employment contract, or collective bargaining agreement, in general, an employer can terminate your employment for any nondiscriminatory reason, and they do not have to provide you with an explanation. This reason.
Layoffs are often driven by broader business excuses, such as cost cutting or organizational restructuring, and are not necessarily reflected in the performance of individual employees. Employers should use non-discriminatory criteria when making layoffs, taking into account factors such as qualifications, job skills and performance. Notably, employers must also avoid discrimination and ensure fair treatment during the selection process.
If you suspect that a redundancy decision is discriminatory or based on false grounds, you can take legal action. Reasons for unlawful dismissal may include pregnancy, age discrimination (against people aged 40 or over) or issues related to religion or disability. You may also have legal options if you were laid off because you exercised certain employment security rights, such as workers’ compensation or paid sick leave.
Before considering legal action, I recommend contacting your previous HR department to gather more details about the layoff. Knowing the specific reasons behind a decision can make it clearer. Additionally, you may contact the Equal Employment Opportunity Commission (the government agency responsible for enforcing workplace discrimination laws) to discuss your situation.
There is a significant difference between illegal business practices and bad business practices. While you have recourse when you are affected by illegal employer conduct, your options are limited when such employer conduct is not illegal. While layoffs may hurt in the short term, employee-employer relationships built on mutual respect are better in the long run.
I sincerely hope you find new opportunities after your layoff. If you are still on the job market, I wish you all the best in your search for stable and meaningful employment.
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A graphic design company just offered me a new job and I’m inclined to take it, but they don’t offer any health insurance benefits. Is that legal? – Dorian
Congratulations on your job offer. This is good news. Regarding your concerns about health insurance benefits, whether it is legal for an employer to withhold health insurance benefits depends on certain factors.
If companies have fewer than 50 full-time employees, they are exempt from the Affordable Care Act, which requires employers to provide health care benefits or face penalties. For small businesses, offering health insurance can be challenging due to budget constraints. The average cost of health benefits per employee in 2023 is $13,800, which is a significant expense. Offering such benefits may only be feasible as small employers with limited resources or as new startups grow and become more mature.
On the other hand, if a graphic design firm has more than 50 full-time equivalent employees, they are covered by the ACA and can choose to provide health insurance or pay a penalty to the IRS. In 2024, the penalty is $2,970 per full-time employee (minus the first 30 full-time employees), which is significantly less than average health care costs.
If health insurance is your priority, you have several options. Many health insurance companies offer separate plans for individuals and families. Additionally, you can purchase health insurance through HealthCare.gov or your state’s exchange. I recommend comparing different options to find one that fits your budget.
Ultimately, if this job opportunity excites you and aligns with your career goals, don’t let the lack of health insurance benefits be the only thing holding you back. We offer alternative solutions to ensure you have the coverage you need while taking advantage of this exciting opportunity.
Good luck with your decision-making process and hope this new job brings you satisfaction and success!
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