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Questions about Mass Layoff Laws

Mass layoffs can be traumatic. As an employee, it is important to understand what you are entitled to in the event of a mass layoff at your company. If you have questions pertaining to a mass layoff, direct them to Employment Lawyers on JustAnswer now for legal insights that could help your situation.

Listed below are a few questions on mass layoffs that have been addressed on JustAnswer.

I am based in California and was part of a company that did a mass layoff and gave its employees the 60-day WARN notice. Yet, we were informed that we had to be employed in order to get our bonus checks, which were due two months later. This was part of company policy. We have technically earned the bonus. So is it legal for the company to do this?

To begin with, this issue is not regulated by federal law so it has to be addressed by the state. In California, the employer decides how the company’s bonus policy works. This basically means that the employer determines when you can earn the bonus and what the qualifications are to earn it. Therefore, based on what you said, your employer has not done anything illegal.

To confirm this information, request a copy of the company guidelines. If there is a chance that the company policy is subject to multiple interpretations, then you could have a case to ask for the bonus as earned wages. But if the guidelines state otherwise, you may not have a chance to do this.

I am over 40 and part of a mass layoff. Is it possible for me to get additional benefits added to my severance package? These benefits could be in the form of additional months of severance, which is being offered to higher management and not middle management.

If you can prove that the way the layoff is being carried out disproportionately affects people of a certain age group, then you could have a class action for violation of federal age discrimination law. This would be extremely beneficial to you and could even prevent you from being part of the layoff.

You would do best to get in touch with an employment lawyer who could represent you and potentially help you get a large settlement. You could also check with a local lawyer regarding employee rights.

My company has informed me that I will be part of a mass layoff and am entitled to a good severance package. Yet, they want me to sign an agreement saying that I will not find new employment for 60 days. I am a single mom with two kids and have a mortgage to pay. Is it legal for them to say that I can’t work for 60 days?

From what you have said, it does not seem possible that your employer can enforce this rule, and it’s difficult to understand how your employer would benefit from you not being employed. If you would like to discuss in more detail, write to Employment Lawyers on JustAnswer with more details of your case.

I work in a company with over 2,000 employees. Does my company have to give its employees any notice of a mass layoff or insurance coverage beyond the day that they announce the layoff?

If the company is planning to lay off a minimum of 50 employees in a period of 60 days, then it must either give the employees a 60-day notice, or 60 days of pay plus the benefits that the employees would normally have been eligible for in the 60-day period.

Mass layoff rules vary for companies based on factors like the size of the organization, state laws, and more. If you are part of a mass layoff and have certain doubts regarding the procedure, contact Employment Lawyers on JustAnswer who can help with quick solutions that are also affordable.
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