The Los Angeles Employment Attorney Services blog is an online portal of elite group of employment and labor law attorneys of Mesriani Law Group.

Friday, February 28, 2014

The Difference between Being Fired and Laid Off

Being fired and being laid off unfortunately come along with being in the employment industry.

Contrary to popular belief, there is a huge difference with being fired and being terminated particularly with regards to its impact on one’s unemployment eligibility and future hiring prospects.

In order to further understand the differences between the two, our wrongful termination lawyer in Los Angeles explained their distinctions.

Being Fired
When an employee‘s personal performance is unsatisfactory, or if he or she failed to comply with company policies, he or she may be fired.

As a result, the termination may impose a bad impression to employers in the employee’s future employment. Thus, the possibility of getting rehired is far possible for the fired employee.

Being Laid Off

If a company underwent restructuring, downsizing, economic downfall, or ceased its operation, its employees are laid off. In some cases, the lay-off is only temporary, which means there is a possibility that the employees may get rehired in case the company gets better.

Being laid off has nothing to do with the employee’s job performance.

Collecting Benefits

When it comes to compensation, in some cases of laid off employees, they are dismissed by their employees with severance pay or other benefits such as unemployment.

On the other hand, employees who get fired are less likely to receive unemployment compensation since they were axed from their job due to their poor work performance.

Meanwhile, our labor lawyer further specified that if a fired employee is pretty sure that their firing was baseless or nothing to do with his or her performance, he or she may have the right to appeal or seek unemployment benefits.

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