what is california layoff policy? Is it mandatory to give two months salary?

by on December 25, 2010

I аm posting a questio fοr a very hυgе multi national company аnd need tο find thе discharge policy fοr California, USA. Thе employer іѕ рlοttіng tο dο a mass discharge (few thousands atleast) very soon. јυѕt need tο know аbουt protection severence package. Appreciate уουr hеlр іn providing thе useful information. Employer hаѕ plenty οf money аnd nο bankruptcy issues.

{ 3 comments… read them below or add one }

joe December 25, 2010 at 12:35 am

There is no “discharge policy” in California. Each employer may choose what policies to implement. If you have an employee handbook, it may provide you with the policies of your employer. California is commonly an “at will” state meaning your employer can terminate you without notice for no reason or any reason except discrimination.

If you are a union limb, you may have some rights under the Collective Bargaining Agreement. Other than that or any existing express policies articulated by your employer in the handbook, the employer is not obligated to offer you a dime in “partition”.

You may be confined under COBRA for particular insurance rights, which allows you to pay for the premiums but keep your group insurance.

bud68 December 25, 2010 at 12:56 am

There is no state “discharge policy.” It is up to the employer.

stephenweinstein December 25, 2010 at 1:40 am

I do not know of any relevant California state law. Though, the full USA has a federal law called the WARN act, which requires covered employers to say affected employees 2 months in advance of a mass discharge. If the employer requires the employees to stop working less than 2 months after the notification, then it still has to pay them for those 2 months. Though, if the employer does properly say the employees 2 months before their last day of work, then it only has to pay them for the two months that they were working, and is not required by this law to pay any severence.

Leave a Comment

Previous post:

Next post: