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Patrick, Esq.
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Category: California Employment Law
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Are there any laws, in California revolving around "how" an

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Are there any laws, in California revolving around "how" an employee is told they "might" be layed off? I know there is a 90 notice but I think that only applies to larger organizations. My organization is only about 85 employees in CA and another 100+ in Boston. I was told that my position "might" be eliminated but no further information or details. Thanks.
Submitted: 5 years ago.
Category: California Employment Law
Expert:  Patrick, Esq. replied 5 years ago.
Hello and thank you for entrusting me to answer your question.

Assuming that an employee does not have a contract for a specified period of time (i.e. "a 3 year contract with X Corp") California regards XXXXX XXXXX as "at will." More specifically, California Labor Code Section 2922 provides that "employment, having no specified term, may be terminated at the will of either party on notice to the other."

This means that absent a contractual term or agreement requiring an employer to give a particular period of notice prior to termination, an employer is free to lay an employee off with no "advance" notice at all--the employer must simply let the employee know that they no longer work for the company.

Finally, (and I believe this may have been the law you were referring to) under the federal WARN Act, an employer with at least 100 employees that lays off at least 50 during a 30-day period must either give 60 days notice of the lay off or pay 60 days wages.

In short, unless your termination falls under the WARN act, you have an employment contract guaranteeing you employment for a specified period of time, or there is an agreement between employee and employer requiring notice of a particular length prior to termination, there is no obligation for an employer to provide any advanced notice of layoff.

I sincerely XXXXX XXXXX this information helps you and I wish you the very best of luck. Bear in mind that none of the above constitutes legal advice nor is any attorney client relationship created between us.

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