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Tina
Tina, Lawyer
Category: Employment Law
Satisfied Customers: 33166
Experience:  JD, BBA, recognized by ABA for excellence.
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We need to lay off 3 employees that work at a joint venture

Customer Question

We need to lay off 3 employees that work at a joint venture location since this location is permanently closing. Are we required by law in Michigan to first lay off employees at our other locations with less seniority than those 3 at the location closing?
Submitted: 1 year ago.
Category: Employment Law
Expert:  Tina replied 1 year ago.
Hello and welcome.
My name is ***** ***** my goal is to provide you with excellent service today. Before I can give you an accurate answer to your question, please provide the following additional information:
Do you have a company policy requiring layoff by seniority? There is no union agreement in place correct?
I look forward to assisting you as soon as I have received this information. Thank you.
Customer: replied 1 year ago.
No company policy regarding layoffs. Not a union so no union agreement.
Expert:  Tina replied 1 year ago.
Thank you for clarifying that for me.
Neither state nor federal law would typically dictate in which order you lay off employees at different sites. You could lay off all employees at one site if you are closing the office.
The only law which may apply would typically involve the federal WARN Act, which requires certain notices to employees where a site is being closed, but it does not appear you are laying off enough employees to be covered by this statute.
Here is a link which provides information on this statute for your reference:
http://www.nolo.com/legal-encyclopedia/layoff-protections-michigan-employees.html
I hope this helps clarify the situation for you. My goal is to provide you with excellent service – if you feel you have received anything less, please reply back as I am happy to address follow-up questions. Kindly rate my service when I have answered your questions so I will be compensated for my time assisting you. Thank you!
Tina

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