How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask ScottyMacEsq Your Own Question
ScottyMacEsq
ScottyMacEsq, Lawyer
Category: Employment Law
Satisfied Customers: 15916
Experience:  Licensed Texas General Practice Attorney
19487448
Type Your Employment Law Question Here...
ScottyMacEsq is online now
A new question is answered every 9 seconds

Need to know what requirements if any for an Employer to lay

This answer was rated:

Need to know what requirements if any for an Employer to lay off an employee?
Time required for notice- written notice required etc

ScottyMacEsq :

Thank you for using JustAnswer. I am researching your issue and will respond shortly.

ScottyMacEsq :

Is this part of a mass layoff, or only one single employee? And is it for cause (something the employee did to deserve it) or not?

Customer:

It is just one person and it is because our company is relocating and employee doesn't want to relocate with us.

ScottyMacEsq :

Thank you. The only notice requirements for layoffs are for mass layoffs (under the Federal Workers Adjustment and Retraining Notification Act, or "WARN"), which is where there are 100 or more employees being laid off. If there are fewer than that (even just one), there's no specific time period that you have to give this individual. In fact, you legally can tell him at the end of the day to not return tomorrow.

ScottyMacEsq :

You do need to give the final check on the next scheduled payday (per 43 Pa. Cons. Stat. Ann. § 260.5)

ScottyMacEsq :

But as to a duty to warn, that's entirely up to you.

Customer:

So we don't have to provide anything in writing for the employee to take for Unemployment Compensation ?

ScottyMacEsq :

No. It would be a decent thing to give this employee some sort of writing (even if there's no notice period in the writing) to show that he was laid off. But you don't have to.

Customer:

We want to be decent and have discussed it with the employee when we decided to move many months ago.

ScottyMacEsq :

Understood. Hope that clears things up a bit. If you have any other questions, please let me know. If not, and you have not yet, please rate my answer AND press the "submit" button, if applicable. Please note that I don't get any credit for my answer unless and until you rate it a 3, 4, 5 (good or better). Thank you, XXXXX XXXXX luck to you!

Customer:

Is there any way to print your answers for my record? Thank you very much for your help.

ScottyMacEsq :

After you rate this answer it will switch to Q&A (you may need to refresh the page to see the change). You can print the answer from that page.

Customer:

ok Thanks again you have been most helpful.

ScottyMacEsq :

You're welcome, and again, good luck to you!

ScottyMacEsq and other Employment Law Specialists are ready to help you