Layoffs Could Require Notices to Employees

April 23, 2021

While the world is starting to get back to “normal” a year after the Covid-19 pandemic began, some businesses are continuing to hire, but others are rethinking their workforce and who they want to keep employed in the post-Covid era.

While it is not illegal for employers to lay off their employees, employees have rights.  If you have been part of a layoff, it is important that you understand your rights as a citizen of California.  As an employee, you may have the right to be given notice prior to a mass layoff. You may be entitled to damages if you were not given timely notice of a mass layoff.

The federal Worker Adjustment and Retraining Notification (“WARN”) Act gives employees the right to have proper notice before a company layoff.  California law expands the rights of California employers with the California WARN Act.

Under California law, employers are covered and therefore required to give timely notice of a layoff if the company is an industrial or commercial facility that employs at least 75 employees.

California’s WARN Act applies to any of the following situations:

  • During a massive layoff when at least 50 employees lose their jobs in a 30-day period;

  • The closing of an industrial or commercial facility with at least 75 employees; or

  • The relocation of an industrial or commercial facility with at least 75 employees to a location at least 100 miles away

California employees who are being laid off for any of the above situations are entitled to 60-day advance notice.  The notice provide to employees must include:

  • Whether the layoff will be temporary or permanent;

  • Dates of expected layoffs; and

  • The name and telephone number of a company official to contact for further information.

If you believe that you were not provided proper notice as part of a mass layoff, please contact the attorneys at Freeburg & Granieri, APC today for a free consultation.

If you are an employer contemplating a mass layoff, please contact us today to discuss how Freeburg & Granieri, APC can help your company properly navigate the laws and requirements in order to do a mass layoff.

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