Q&A

Can I sue if laid off?

Can I sue if laid off?

If you are a California worker who was laid off without the termination severance pay or other compensation you’re owed, you have been unlawfully laid off, or other labor laws have been violated, you may be able to file a California wage and hour lawsuit and pursue compensation.

Can a person be fired two weeks after retirement?

This is the reason many individuals do not retire on the date they receive their retirement benefits and instead retire 2 weeks or more after. If it’s too late for any of this, there are still options. Unfortunately, an employer can legally terminate an employee after they have given “notice” and before the “notice time” has run out.

How is the four week period of termination calculated?

The four-week period is calculated from the date of termination of employment of the first employee in the group whose employment is to be terminated and ends four weeks after. Example 1: A group termination of employment did not occur because there are less than 50 employees affected during the four-week period.

When does a lay off constitute a termination of employment?

This requirement applies to any employee whose employment is being terminated except as follows: an employee who is on a lay-off that does not constitute a termination of employment (see question 6); where the contract provides an end and that the work ends on that date.

Why did WWR lay off a third of its staff?

According to court documents, WWR ultimately laid off a third of its staff. The firm identified five factors for choosing which employees to lay off.

This is the reason many individuals do not retire on the date they receive their retirement benefits and instead retire 2 weeks or more after. If it’s too late for any of this, there are still options. Unfortunately, an employer can legally terminate an employee after they have given “notice” and before the “notice time” has run out.

Is it legal to rehir an employee after layoff?

Employers are required by law to provide employees with many forms and pamphlets upon hire — which should be no different, even when you’re rehiring a recently laid-off employee.

What happens to sick days if you are rehired after a layoff?

If an employee leaves employment and is rehired within one year, however, previously accrued and unused paid sick days must be reinstated, and the employee must be allowed to use them and begin accruing additional paid sick days.

How long do you have to make a decision on a reduction in force?

If you are 40 or older and your employer is asking you for a decision in fewer than 21 days, remind the employer that the law requires you to be provided at least 21 days. (If you and at least one other person are being laid off in a reduction in force (RIF) at the same time, you must be given 45 days to consider the agreement.)