Does My Employer Have to Warn Me About Upcoming Layoffs in California?

by | May 1, 2020 | General Issues

Job security is critically important for employees, especially in a depressed economy where new opportunities can be hard to find. Though employees can lose work for any number of reasons, most have to do with their performance at work and the terminations are handled individually. However, layoffs and business closures affect a large number of employees simultaneously and often require employees be given notice to help them prepare for a major change with respect to their employment under federal and California law.

Federal Law

Normally, under federal law, the Worker Adjustment and Retraining Notification Act (WARN Act) requires most employers who have 100 or more employees give employees, including managers and supervisors, union bargaining representatives, and some government agencies no less than 60 days’ notice of either plant closure or mass layoffs.

A plant closure is:

  • Facility closure for over 6 months,
  • An operating unit’s shut down for over 6 months, or
  • The layoff of 50 or more employees within 30 days in any single location.

Mass layoff is defined as a layoff of over 6 months affecting:

  • 500 employees or more, or
  • At least 33 percent of a workforce that affects between 50 and 49 workers.

California Law

California’s state WARN Law requires employers to provide notice to more employees in more situations than the federal law. In California, employers with 75 or more full or part-time employees must provide notice where 50 or more employees will be laid off because of:

  • Mass layoffs,
  • Plant closings, or
  • Business relocation to a location over 100 miles away.

However, unlike federal law, there is no requirement the affected employees make up a certain percent of the employer’s workforce.

Contact a Lawyer with Your Questions Today

Being able to prepare for changes as a result of layoffs, business relocation, or plant closure means the difference between employees being able to seek new work, seek additional training, or move to avoid being without a paycheck. If you have questions about your right to notice or have not been given enough time under California law to prepare for a layoff, contact the experienced California employment lawyers at Rothschild & Alwill, APC today. We are here to answer your questions, help you prepare for the future, and make sure your rights are protected.