What are the rights of an employee who is being laid off?
In the state of California, employees who are being laid off have certain rights. Firstly, employers should provide employees with advance notice of the layoff. Depending on the size of the company, the law requires employers to provide anywhere from 60 to 90 days’ notice. Employees must also receive their final wages, including any accrued vacation pay, within 72 hours of their last day of employment. In some cases, employees may also be eligible for severance pay, benefits continuation, or outplacement services which are intended to help employees find new employment. If the company is subject to the Worker Adjustment and Retraining Notification (WARN) Act, employees must also receive a notice about the layoff in advance. When an employee is laid off, they may also have the right to receive unemployment benefits from the California Employment Development Department. To be eligible, the employee must meet certain criteria, such as being able to work and actively looking for a job. In California, employees may also have the right to protection against wrongful termination. This means that the employee can’t be fired for certain reasons which are prohibited by law, such as their race, gender, pregnancy, or religious beliefs. However, if an employee is laid off due to a shortage of work, this isn’t considered wrongful termination and the employee won’t be protected.
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