Friday, February 3, 2012
I am posting a questio for a very big multi national company and need to find the layoff policy for California, USA. The employer is planning to do a mass layoff (few thousands atleast) very soon. just need to know about protection severence package. Appreciate your help in providing the useful information. Employer has plenty of money and no bankruptcy issues.|||There is no state "layoff policy." It is up to the employer.|||I do not know of any relevant California state law. However, the entire USA has a federal law called the WARN act, which requires covered employers to notify affected employees 2 months in advance of a mass layoff. If the employer requires the employees to stop working less than 2 months after the notification, then it still has to pay them for those 2 months. However, if the employer does properly notify the employees 2 months before their last day of work, then it only has to pay them for the two months that they were working, and is not required by this law to pay any severence. |||There is no "layoff policy" in California. Each employer may decide what policies to implement. If you have an employee handbook, it may provide you with the policies of your employer. California is generally an "at will" state meaning your employer can terminate you without notice for no reason or any reason except discrimination.
If you are a union member, you may have some rights under the Collective Bargaining Agreement. Other than that or any existing express policies articulated by your employer in the handbook, the employer is not obligated to offer you a dime in "severance".
You may be protected under COBRA for certain insurance rights, which allows you to pay for the premiums but keep your group insurance.
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