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Tina, Attorney
Category: California Employment Law
Satisfied Customers: 33167
Experience:  JD, 17 years experience & recognized by ABA for excellence in employment law.
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Thank you for taking my question. Here what is going on.

Resolved Question:

Thank you for taking my question.

Here what is going on. I work at a satellite location for a corporation with 500 to 600 employees. The location I work at has 30 to 40 employees. There has been an announced RIF (reduction in force) scheduled before the end of October (and possily on October 14). 75 to 80 employees will be asked to leave. No one knows who or from what location or department the reduction will take place. This situation is making me stressed, unsecure and causing health concerns.

Are there steps I can take to protect myself?
Submitted: 5 years ago.
Category: California Employment Law
Expert:  Tina replied 5 years ago.
I am sorry to hear of your difficult situation.

Under the WARN Act, you must be provided at least 60 days notice of a mass lay-off typically.

Here is a link that provides more information on that:

In addition, you would typically be eligible for unemployment benefits if you are laid off and should apply immediately if that occurs.

You would normally be eligible for COBRA insurance as well for up to 18 months in order to continue your health insurance at your expense.

I would retain all communications from the employer with regard to the potential layoff so you have evidence to present if necessary in a legal proceeding, including your application for unemployment.

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Customer: replied 5 years ago.
Thank you for your reply. I believe I understand my unemployment and insurance rights, I specifically want to know if I have a claim against the company based on stress, anxiety and duress this situation is causing this situation is causing me. If so, what actions do I need to take ... i.e. HR, doctor, and documentation to complete a claim? Thank you for your help.
Expert:  Tina replied 5 years ago.
I see.

You would ordinarily not have a viable claim against the company for such damages due to a pending layoff unfortunately.

The only emotional distress damages that could be obtained is through worker's comp normally, if a medical provider diagnoses you with a medical condition due to your work environment.

All the best to you.

Customer: replied 5 years ago.
Oh. I see. It's probably best to start a job search and not worry about what happens with the situation here.
Expert:  Tina replied 5 years ago.
Yes. It certainly would help if you could locate a similar job to accept, to avoid further uncertainty.

Good luck to you!
Tina and other California Employment Law Specialists are ready to help you