Has your supervisor told you there is no more work for you, but the season has not finished? You may be able to keep working!
Generally, Your Employer Cannot Fire or Lay You off If:
- They are basing your termination on your race, color, sex, sexual orientation, gender identity, religion, national origin, age, disability, familial status, or terminating you because you complained about unlawful employment conditions (e.g. unsafe working conditions, unpaid wages).
- They promised you a specific period of work or amount of money, and you have not received it.
- You are a U.S. worker in an "H-2A" job and workers with an H-2A visa are continuing to work.
- Please visit H-2A Jobs for more information about your employment rights under an H-2A contract.
- You belong to a union.
Only certain people have the authority to make hiring and firing decisions.
If you are unsure whether you are fired or laid off, ask the boss and express your desire to continue working through the end of the season.
You have the right to request a copy of your personnel file. This can help you better understand whether you are being fired or laid off and the reason why. It also can help you to enforce your right to continue working, if you were fired or laid off for an unlawful reason.
Housing
Have you been told you must leave the migrant camp where you live? No one can force you to leave your residence!
- Generally, the housing owner must get a “court order” signed by a judge to lawfully remove you and your family, giving you time to move out.
- Your boss cannot withhold your pay as a condition of you leaving the housing.
- The housing operator cannot remove your possessions, turn off the utilities, or change the locks and police cannot help landlords remove you without a court order.
- Please visit Farmworker Housing to learn more about evictions.
You Have the Right to Receive Your Pay When Owed
- If you are a hand harvester and your boss fires or lays you off, they must pay you within one day. If you quit your job, your boss must pay you within three days. If you are not a hand harvester and are fired, laid off, or quit—your boss must pay you on your regularly scheduled payday after the end of your employment.
- If your employer promised you a bonus, you should receive it in full when you finish your work agreement.
- The 3/4 Guarantee
- If you are or working alongside an H-2A worker, you are guaranteed work for at least three-fourths (¾) of the workdays of your total contract period listed in your job order. Please visit H-2A Jobs for more information about the 3/4s Guarantee.
- If you paid a security deposit, your employer must return it to you within 30 days of your moving out.
- Please visit Wages in Michigan for more information about wages.
Unemployment
Has your employer said you are not eligible for unemployment? You may still be eligible! Workers may be eligible for unemployment, even if an employer does not contribute to unemployment, or if that employer fails to offer employment the following season.
- Please visit Unemployment to learn more.
Workers Have Rights
Keep all pay stubs, time slips, contracts, employee handbooks, work rules, W-2 forms, texts that show hours worked, copies of all documents you sign, photographs of housing, etc. Any documents from your job are important and can help you enforce your rights!
- If an agency is investigating a labor dispute at your work or involving your employer, you may be eligible for relief. Please visit Immigration Basics for more information.