California employees have some certain rights in case their employer closes a facility, conducts a mass layoff, or otherwise cuts a huge number of jobs. Though employees don’t have a legal right to keep their jobs, nor to be hired into other positions with the company or be considered for rehire, but they have the right to a certain amount of notice before a large-scale layoff or a plant closing.
According to the federal Worker Adjustment and Retraining Notification Act (WARN) employees are entitled to damages in this case employer fails to give proper notice. California also has its own version of the WARN Act
According to the federal WARN Act, companies that employ a certain number of employees are required to provide affected employees, their representatives and specified government officials and agencies with sixty days’ advance, written notice prior to any mass layoffs or plant closings.
California’s WARN Act is much broader in scope than the federal law and affects more employers. Accordingly, companies must comply with the requirements of both laws and penalties, including up to sixty days’ back pay per employee, could be assessed for failing to provide required notice.
Federal Worker Adjustment and Retraining Notification Act and California’s WARN Act require employers to give advance notice of mass layoffs or plant closings which will result in a certain percentage of employees losing their jobs.
Under federal WARN Act employers are covered in case they have at least one hundred full-time employees or at least one hundred employees who work a combined 4,000 hours or more per week.
According to California’s WARN Act employers are covered in case they own a commercial or industrial facility, which employs at least seventy-five employees.
California law is applicable in the following cases:
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