Unlawful Layoff

At Gallenberg PC, our Los Angeles, Burbank, and Beverly Hills help California workers understand the Federal and state regulations regarding employee layoffs, so they know whether their employment rights have been violated during the process.

Sometimes employees are told that they are being laid-off due to economic cutbacks, or restructuring, or position elimination, but in reality, they are being wrongfully terminated under the guise of a lay-off as a form or retaliation or discrimination. In other instances, the lay-off may be an actual lay-off, but one which requires advanced notice or compensation.

The Federal Worker Adjustment and Retraining Notification Act (WARN), protects workers, their families, and communities by requiring most employers with 100 or more employees to provide notification 60 calendar days in advance of plant closings and mass layoffs.

California has its own WARN Act that provides the regulations and laws regarding employee layoff requirements, which are far more stringent than its Federal counterpart.

If you believe you have been unlawfully laid off from your job in California, our Los Angeles County employment law attorney may be able to help. Contact us today to learn more.

We do not charge prospective clients for a confidential telephone intake or online case review.

The federal WARN Act has several regulations that apply to workplaces throughout the U.S., including:

• Organizations with over 100 full-time employees.
• Publicly and privately held companies.
• Organizations that are for-profit or not-for-profit.

The WARN Act requires notice must be given if there is a plant closing — which is one or more facilities or operating units in each location anticipating a shutdown that will affect more than 50 workers AND last more than 30 days — or a mass layoff that includes a series of layoffs over a 30-day period that will result in the loss of 500 or more employees.

Additionally, if a series of layoffs of more than 50 or less than 500 employees over a 30-day period will result in a loss of 1/3rd of the workforce, WARN notice must be given.

To comply with the Federal WARN Act, affected employees must be alerted in writing 60 days in advance of their last day with the organization.

The United States Department of Labor states that any reasonable method of delivery is applicable, except for pre-printed notices that are regularly included in employees' paychecks or pay envelopes, which are not acceptable and do not meet the WARN Act requirements.

California employers must comply with the state’s WARN Act when laying off employees — like under the federal WARN Act — who have been employed for at least six months of the 12 months preceding the date of the required notice to be counted.

Unlike other states, California has specific state laws about layoffs that organizations must follow when laying off employees, and includes:

• Layoff notifications for companies that employ, or have employed in the preceding 12 months, 75 or more full or part-time employees.
• Plant closure affecting any number of employees.
• Layoff of 50 or more employees within a 30-day period regardless of the percentage of the workforce it impacts.
• Relocation of at least 100 miles affecting any number of employees.

If you have been laid off from your job without proper notification from your California employer, or if you believe your layoff was the result of an unlawful act, we may be able to help you pursue damages for your losses. Contact us today to learn more.

• Immediately Contact A California Wrongful Lay-Off Lawyer. A labor lawyer can assist you in determining whether the lay-off was illegal, whether proper notice was provided if required, the time frame by which to file a lawsuit, whether you have other legal claims, the value of your case, and can possibly negotiate a settlement or severance agreement.
• Unemployment Benefits. Discuss with your employment lawyer how to apply for unemployment benefits in California. Generally speaking, in California, an employee who was laid-off is entitled to unemployment benefits.
• Gather Your Evidence. Ask your employer to give you a reason for the lay-off ideally in writing. Make sure you preserve everything related to your employment including all documents provided by your employer, emails, text messages, cell phone records, credit card bills, and medical bills. Make sure to keep copies of your wage statement to identify the exact name of your employer and the pay you received. It is important to note that you don’t need to have all the evidence before looking for an employment lawyer. A wrongful discharge lawyer can assist you in obtaining evidence from your employer and other sources.
• Obtain Medical Attention for Emotional Distress. Getting fired is stressful and can take an emotional toll, therefore, it important that you seek medical attention for that distress. In addition, records showing you went to see a doctor for emotional distress may help you obtain higher emotional distress damages.
• Stay Away From Social Media. Social media posts and messages can be discoverable and used against you. If you look happy in any of your posts this can be used against you for emotional distress damages in proving for example that you were not emotionally distressed. If you write anything about your firing or about your job, this can also be used against you.
• Avoid Discussing Your Lay-off Case With Third Parties: Anything you say or write whether in text message, emails, letters, instant messages, or social media posts can be used against you. The worst-case scenario is when an employee messages a current employee details about the case, and those details go to the employer’s lawyer which the employer’s lawyer uses against the employee. Even if those messages are not turned over by the current employee, an employer may be able to obtain those messages through a subpoena or forensics analysis of the cell phone. Therefore, it is best to consult with your wrongful termination lawyer before communicating with any current or former employee about anything related to your employment, especially if those communications are in writing.

At Gallenberg PC, our employment law attorney has offices in Los Angeles, Burbank, and Beverly Hills, so unlawfully terminated employees have access to the legal representation they need to pursue results inside and outside the courtroom — no matter where they live or work in California.

Our primary goal is to make legal services accessible to everyone in California, regardless of a person’s ability to pay.

We understand that many individuals cannot afford to pay upfront hourly rates or retainers for an employment or labor attorney. That does not mean they should not have the legal ability to pursue justice after suffering from unlawful treatment in any California workplace.

Our wrongful layoff attorney in Los Angeles, Burbank, and Beverly Hills takes all eligible cases on a contingency basis, which means if we do not win your case, you do not pay our legal fees.

If you were subjected to wrongful layoffs in California, contact Gallenberg PC today to discuss your important case with our skilled employment law attorney in Los Angeles at (213) 986-8432, Burbank at (818) 237-5267, or Beverly Hills at (310) 295-1654 to schedule a free intake today.

If you prefer, complete a Free Online Case Review to have your claim screened by our experienced employment law attorney and we will contact you directly to discuss your case.