Lay Off Rights

In a layoff situation, in some cases, employers must give employees advanced notice of mass layoffs or a plant closure. The Worker Adjustment and Retraining Notification Act (the warn act) requires 60 days written notice of the intention to lay off more than 50 employees during any 30-day period as part of a plant closing.

With the economy gradually improving, many employers are thinking about rehiring laid-off workers. Having clear rehire guidelines is critical to avoiding lawsuits for discrimination and wrongful termination. A positive, well-documented rehire process can also foster employee loyalty and increase employee morale.

If proper notice of temporary layoff is not given, the employee may have been unjustly or constructively dismissed. Some courts have also held that while the Code permits an employer to temporarily lay off an employee in the absence of a collective agreement or contract allowing layoff, the employee maintains the right to sue for constructive or wrongful dismissal if laid off in those circumstances.

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If a California employer downsizes, conducts a mass layoff, closes a facility, or otherwise cuts a significant number of jobs, employees have certain rights. Unfortunately, employees don’t have a legal entitlement to keep their jobs, nor to be hired into other positions with the company or be considered for rehire.

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Know Your Rights at Work: Family and medical leave act (fmla) The Family and Medical Leave Act of 1993 (FMLA) is a federal law administered by the U.S. Department of Labor that allows eligible employees to take up to 12 weeks of job protected unpaid leave per year for certain serious health conditions and family obligations.

In most cases when people are laid off, they are so shocked or emotional about the experience that they aren’t sure what to do, what their rights are, or if they might even have a legal basis to sue. As a result, they end up walking away, no questions asked. Here are the legal issues to consider when you’ve been laid off.

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