Employers have certain obligations to their employees to keep them informed of business circumstances. Civil litigation attorneys in California can help you understand the Cal-WARN Act and other employee rights.
The California WARN Act stands for Worker Adjustment and Retraining Notification. It requires employers to notify employees before a major change in their employment statuses, such as a mass layoff, relocation, or branch closure.
What is the Cal-WARN Act?
The Cal-WARN Act is a form of wrongful termination law that applies to businesses with over 75 employees. It prevents companies from making sudden changes that impact their workers’ employment.
Employers have a legal obligation to provide advance notice to both workers and local government at least 60 days before a major change to their employment. These changes include:
- Mass layoffs
- Plant closing
- Company relocation more than 100 miles away
A mass layoff means 50 or more employees in a single 30-day period. Any of these situations can impact a significant number of the workforce. Those affected should be notified so they can make plans and seek alternative jobs within reasonable commuting distance.
If the company fails to meet the advance notice requirement, it will be required to provide back pay and an employee benefit plan for the amount of time it violated the act. For example, if they gave only 30 days’ notice, they will need to provide 30 days of back pay and benefits.
There’s also a federal WARN Act, but the California version covers more employees than the former. Because of that, most Californian employees pursue their cases under the Cal-WARN Act instead of the federal law.
Exceptions to the California WARN Act
There are a few exceptions to the WARN Act. First, situations of war or a natural disaster exempt companies from the 60-day required notice. The employer’s liability doesn’t include unforeseeable business circumstances or events that are impossible to predict.
Part-time employees are also exempt from this law. Anyone hired with the expectation of temporary employment or seasonal employment is not entitled to back pay.
Finally, if the employer was actively seeking capital or business to avoid closures and layoffs, they are exempt from the WARN law requirements.
How Can a Lawyer Help?
A WARN Act violation gives affected employees the right to take legal action against their employers. That violation means they are entitled to either the employee’s final rate or a 3-year average of compensation.
This also covers any benefits the employee would have received during that time. For example, medical expenses incurred should be paid for by the employer.
By bringing a lawsuit against your employer, you can receive the payments and benefits you were entitled to. Working with an experienced attorney will help you get a faster resolution and a positive outcome for the case.
What Skills Should Your Lawyer Have?
The best business law attorneys in California will have the right combination of experience, knowledge, and investment in you as a client. A skillful employee representative will have an intimate understanding of law and workers’ rights.
We are a law firm devoted to representing employees involved in situations like this. We charge reasonable attorney’s fees and works hard to help employees get the compensation they deserve.
We offer free consultations to discuss how we can help and the potential outcomes of your case. To learn more, contact us at 866-320-4854 at LibertyBell Law Group today!
