What are my rights as an employee during a layoff?
As an employee in California, there are certain rights you have when it comes to layoffs. Your employer must follow the labor relations laws that are outlined in the California Labor Code and Fair Employment and Housing Act. First and foremost, you have the right to receive a written notice of the layoff. Your employer must provide you with at least sixty days’ notice of the layoff if they are laying off more than fifty people or if the layoff affects more than 33% of a work site. If the layoff affects fewer than those numbers, your employer must still provide you with at least thirty days of notice. You also have the right to receive payment for any unused vacation days that are part of your employment package. Additionally, any accrued sick days or paid time off must also be compensated accordingly. You also have the right to receive a separation pay if you have been working for the same employer for more than one year. This amount is determined by the state and should be discussed with your employer. Lastly, you may have the right to receive unemployment benefits through the State of California if you meet the necessary requirements. It is important to note that your rights as an employee may vary depending on the type of employment you have and the terms of your contract. You should be sure to ask your employer for more information regarding the specifics of your layoff.
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