Lay Off Rights

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The following article will help you understand California layoff laws, and when it may be appropriate to contact an employment attorney to sue your boss for laying you off illegally. Understanding California Layoff Laws & Your Employee Rights Can you sue your boss for laying you off in California?

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Mistake #1: Calling a Performance-Related Termination a "Layoff.". A termination for poor performance, breach of policy, or misconduct is not a layoff. A layoff occurs when there is a legitimate business reason to eliminate a position or positions from the corporate structure.

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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.

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(For more on the WARN Act, see layoff laws.) discriminatory layoffs. Even if an employer has good financial reasons to lay off employees, the layoff might be illegal if it has a disproportionate effect on certain groups. For example, if a layoff rids a company of most of its female employees or all of its workers over the age of 60, that could.

During that time, an employer can legally lay off an employee without severance for any reason. Give proper notice. Except for cases of extreme incompetence or negligence (in which case, a layoff is permitted to occur immediately), you must establish a period of notice prior to the layoff.