Employment Law Questions? Ask an Employment Lawyer.
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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?
It is just one person and it is because our company is relocating and employee doesn't want to relocate with us.
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.
You do need to give the final check on the next scheduled payday (per 43 Pa. Cons. Stat. Ann. § 260.5)
But as to a duty to warn, that's entirely up to you.
So we don't have to provide anything in writing for the employee to take for Unemployment Compensation ?
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.
We want to be decent and have discussed it with the employee when we decided to move many months ago.
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!
Is there any way to print your answers for my record? Thank you very much for your help.
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ok Thanks again you have been most helpful.
You're welcome, and again, good luck to you!