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Allen M., Esq.
Allen M., Esq., Employment Lawyer
Category: Employment Law
Satisfied Customers: 18859
Experience:  Employment/Labor Law Litigation
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My husband works oilfield rig company.He was told when he

Customer Question

My husband works for an oilfield rig company.He was told when he showed up to work that he was being laid off.He didn't receive his 60 day notice like so many other employees did.
1.We want to know if we can sue them for this slap in the face basically.
2.If we can and if we do,does this ruin his chances of being employed by them again when it picks back up?
We want to know what's best.We don't want him to be black balled but we want to be treated fairly.
Submitted: 1 year ago.
Category: Employment Law
Expert:  Allen M., Esq. replied 1 year ago.

Thank you for trusting your question to JA today. I’m happy to be of assistance.

The legal requirement for a 60 day notice, called the WARN Act, is only required when there is a mass lay off. if there is not a mass layoff, then the employer has the option to give notice or not.

So no, there would not be a basis for a lawsuit here, unless this was a mass layoff and he was the only one not receiving notice or he could show that the only reason he wasn't given a 60 day notice is his race, religion, gender, age, disability or recent medical leave use.

If you have any further questions, please let me know. I invite follow up questions, so use REPLY for those. If you have no further questions then good luck going forward and please do not forget to rate my service so that I receive credit for working with you today.

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