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California continues to experience high unemployment rates after the massive layoff of 17500 employees by Microsoft in 2014. Other companies like Gap announced their plans to close 175 stores in the year 2015. Layoffs cause frustration and distress among employees, especially where it’s done without prior notice. Questions like whether they are entitled to any health benefits, insurance, and retirement benefits linger in their minds. Our discussion will deliberate on layoff laws and rights for employees with a primary focus on California laws.<\/p>\n
Employers are not restricted to lay off workers, but employees are entitled to notice prior an impending layoff as stated by the federal Worker Adjustment and Retraining Notification (WARN) Act. However, WARN Act only covers large private companies and excludes state, federal and local government employers if:<\/p>\n
Note that WARN Act does not cover all kinds of layoffs or company closing. It qualifies if:<\/p>\n
California doesn’t have specific layoff rights for employees, but it expands on the requirements provided by the federal WARN Act. It provides a broader coverage thus protecting the affected employees and their families. California’s mini-WARN applies in the following situations:<\/p>\n
Notice<\/strong><\/p>\n Both California mini-WARN and the federal WARN require employers to give a 60-day notice prior layoffs. However, unionized employees don’t need individual notifications rather companies notify their bargaining representatives who inform the affected employees. According to California mini-WARN Act (California Labor Code Section 1401), the elected official of the city and the county as well as the Local Workforce Investment Area also receive the notice.<\/p>\n Employer liability<\/strong><\/p>\n Any employer who violates the mini-WARN Act is liable to a civil penalty of $500 per day. He is also responsible for any medical expenses incurred by employees that would have been covered under the employee benefit plan.<\/p>\n Photo Credit: Shutterstock\/George Rudy<\/p>\n","protected":false},"excerpt":{"rendered":" California continues to experience high unemployment rates after the massive layoff of 17500 employees by Microsoft in 2014. Other companies […]<\/p>\n","protected":false},"author":2,"featured_media":0,"comment_status":"closed","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"_acf_changed":false,"footnotes":""},"categories":[21],"tags":[326,327,328,329],"class_list":["post-1303","post","type-post","status-publish","format-standard","hentry","category-employee-rights","tag-layoff","tag-layoff-laws","tag-warn","tag-warn-act"],"acf":[],"yoast_head":"\n
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