Posted by The WARN Act in California: Understanding Your Rights as an Employee
The Worker Adjustment and Retraining Notification (WARN) Act is a federal law that requires employers to provide advance notice to employees before conducting mass layoffs or plant closures. In California, the WARN Act is enforced by the California Employment Development Department (EDD) and provides additional protections for employees beyond the federal law. As an employee in California, it’s essential to understand your rights under the WARN Act to protect yourself and your family in the event of a layoff or plant closure.
Under the WARN Act, employers with 75 or more full-time employees are required to provide 60 days’ written notice to affected employees before conducting a mass layoff or plant closure. A mass layoff is defined as a reduction in force that results in the termination of employment of at least 50 employees within a 30-day period, or at least 33% of the total workforce within a 30-day period. Plant closures are also subject to the 60-day notice requirement. Employers must provide written notice to affected employees, including the date of the layoff or closure, the reason for the layoff or closure, and information about any available severance pay or other benefits.
In California, the WARN Act provides additional protections for employees beyond the federal law. For example, California law requires employers to provide 60 days’ written notice to affected employees, but also requires employers to provide a minimum of 60 days’ pay to affected employees, in addition to any other benefits or severance pay. This means that if you are laid off or your plant closes, you may be entitled to receive up to 60 days’ pay, in addition to any other benefits or severance pay that your employer may offer.
As an employee in California, you have the right to receive written notice from your employer if you are affected by a mass layoff or plant closure. If you receive written notice, you should carefully review the notice to understand the terms of your layoff or closure, including the date of the layoff or closure, the reason for the layoff or closure, and information about any available severance pay or other benefits. You should also review the notice to ensure that your employer is providing the required 60 days’ written notice and any other benefits or severance pay that you are entitled to receive.
If you do not receive written notice from your employer, you may be entitled to receive back pay and other benefits under the WARN Act. To file a claim under the WARN Act, you must submit a written complaint to the California EDD within 30 days of the date of the layoff or closure. You will need to provide documentation to support your claim, including proof of employment and proof of the date of the layoff or closure. The California EDD will review your claim and determine whether your employer is liable for any back pay or other benefits.
In addition to the WARN Act, California law provides additional protections for employees who are laid off or whose plants close. For example, California law requires employers to provide a minimum of 60 days’ pay to affected employees, in addition to any other benefits or severance pay. This means that if you are laid off or your plant closes, you may be entitled to receive up to 60 days’ pay, in addition to any other benefits or severance pay that your employer may offer.
As an employee in California, it’s essential to understand your rights under the WARN Act and California law to protect yourself and your family in the event of a layoff or plant closure. If you are laid off or your plant closes, you should carefully review your written notice to understand the terms of your layoff or closure, including the date of the layoff or closure, the reason for the layoff or closure, and information about any available severance pay or other benefits. You should also review the notice to ensure that your employer is providing the required 60 days’ written notice and any other benefits or severance pay that you are entitled to receive.
If you have questions about your rights under the WARN Act or California law, you should contact the California EDD or a qualified employment attorney for advice. The California EDD provides a range of resources and services to help employees navigate the WARN Act and California law, including a WARN Act hotline and online resources. You can also contact a qualified employment attorney for advice on your specific situation.
In conclusion, the WARN Act in California provides essential protections for employees who are laid off or whose plants close. As an employee in California, it’s essential to understand your rights under the WARN Act and California law to protect yourself and your family in the event of a layoff or plant closure. By understanding your rights and taking steps to protect yourself, you can ensure that you receive the benefits and severance pay that you are entitled to receive.