California Employment Law
California Employment Law Questions Answered by Legal Experts
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First, let me say that I am terribly sorry to hear that you are in this situation. It is a shame when an employer makes a decision without legitimacy, especially when that decision is quite frankly wrong. However, that does not necessarily mean that the decision is unlawful. If you were the only one who lost their job then unfortunately there is no legal requirement for your employer to give you a thirty day warning. The only exception to this is if there is a mass layoff of 50 or more employees during a 30 day period. The laws applicable to this would be the California Layoff Protection act, and the federal Worker Adjustment and Retraining Notification Act.
Under both of these acts you would have been entitled to a 60 day notice of a layoff or closing.
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If this is the case, then you can receive back pay, benefits, and attorneys fees and the company will be subject to a civil penalty owed to the government.
this is corporate wide layoff affecting about 300 people accross the US
Then if you were not given your 60 day notice you will either 1) want to get an employment attorney involved. If you decide to hire an attorney a great resource is www.Martindale.com. This is a nationwide directory that is useful in finding highly qualified legal specialists in various fields of law. The lawyers in Martindale are not selected because they paid to be included, but rather because they have been rated by other attorneys as qualified experts in their field. Consider consulting with two or three different attorneys willing to take your case prior to selecting the one you feel most comfortable with. or 2) contact the California Labor Federations Workforce and Economic Development program (WED)
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However, unless you are part of a union, then it would be in your best interest to go to Martindale, (or other lawyer referral service) and type in Employmant law California into the search window, and then click on the town or county in which you live.
As an employment attorney will help you walk through all of the steps necessary to receive your back pay and benefits.
You would be entitled to back pay for the period of violation, up to 60 days (calculated at your final rate or 3-year average rate of pay, whichever is higher) as well as the value of cost of any benefits which you would have received. This includes the cost of medical expenses that would have been covered by a benefit plan had it continued.
no i am not in a union-also-is the layoff notice in writing or is it acceptable to be told over the phone
It not only must be in writing, but it must contain the Company name, address of site, contact person, type of layoff, date of layoffs, job titles affected, number of employees in each category, information about bumping rights and severance, union representation including name of union and rep., brief explanation of reasons for layoff.
well thank you-we received nothing in writing-i received a phone call yesterday telling me october 31st is my last day-So, my best bet interest is to obtain an attorney
That would be the best way to go in this situation.
Have I fully answered your question today?
do you have any idea what type of fines the company may incur and what type of compensation the employees may be entitled to
The employees would be entitled to the back pay and benefits I mentioned above. (up to 60 days) The company may be subject to a fine to the government for up to $500 per day for each day of violation.
Thank you for your help-I will follow your lead and obtain an employment attornney
I am glad that I could get you pointed in the right direction. Have I fully answered your question today?
absolutely-have great weekend -we are signing off
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Have a wonderful rest of your day.
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