Thyberg Law

Is Your Employer Conducting Widespread Layoffs? Know Your Rights

Apr 28, 2022 @ 02:25 PM — by Gregory Thyberg
Tagged with: Wrongful Termination Employment Law Layoffs

Businesses go through phases and many have periods of success and failure. When financial times get tough, many companies choose to downsize, close facilities, or conduct mass layoffs. In an at-will employment state such as California, workers are not entitled to keep their job when employment is cut. However, that doesn’t mean that workers don’t have other rights.

Federal and state employment laws provide employees with certain rights when an employer conducts widespread layoffs. Employment law attorney Gregory Thyberg, who serves Sacramento, CA, and surrounding areas, helps workers understand their rights regarding layoffs, as well as their legal options if their rights are violated.

Layoff Notification Requirement For Mass Layoffs

The federal Worker Adjustment and Retraining Notification (WARN) law, along with California’s own “mini-WARN” act, ensures that workers are provided with ample notice prior to a mass layoff. These laws specify that any employees who will be let go under a covered layoff must be given a minimum 60-day notification of their loss of employment.

The layoff notification must provide specific information about the planned layoffs, such as:

Does This Requirement Apply To Me?

The federal WARN law and California’s WARN Act do not apply to all layoffs, so it is important for Sacramento workers to consider if they are protected under these laws. The WARN law offers notification rights in the following situations:

California’s mini-WARN law further expands notification rights within the state to include the following types of layoffs:

Employees who are unsure if their layoff is classified as a “mass layoff” under federal or state WARN statutes should consult with Gregory Thyberg to determine if their employment rights have been violated.

What If I Wasn’t Rightly Notified of Mass Layoffs?

If Sacramento workers are laid off in a mass layoff without being given the proper notification, they have the right to file a lawsuit and pursue compensation for damages. Employers can be held liable for all pay and benefits lost for the period of the WARN violation. In addition, employers may be responsible for paying attorney fees or court costs incurred by the plaintiff.

Contact Our Law Office

If your employer has conducted mass layoffs and you believe that your employment rights have been violated, we invite you to discuss your situation with attorney Greogry Thyberg. To schedule a personal consultation, send us a message online or call our law firm at (916) 204-9173.