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Old 11-19-2018, 06:48 AM   #1
Chernal
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Default Giving an employee a 60 days notice?

California

I was told my position was “eliminated” and dismissed the same day, and the employer explained there was nothing wrong with my performance and offered a letter of recommendation. I was given no warning, and my position is supposedly being moved “offsite”. According to employment law I read- if a position is eliminated or downsized the employer is supposed to give an employee a 60 days notice, IF THIS IS TRUE, am I entitled to either pay for the 60 days or a severance package, and is what they did illegal?
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Old 11-19-2018, 07:33 AM   #2
goddessoflubboc
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Default Re: Giving an employee a 60 days notice?

Assuming you’re not a member of a union (correct me if I’m wrong) I’m guessing you’re referencing the WARN Act. This does not apply here, unless your employer engaged in massive workforce layoffs, not just one or two people.
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Old 11-20-2018, 12:16 PM   #3
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Cool Re: Giving an employee a 60 days notice?

Thank you for your response- I take the answer as - if it is NOT massive layoffs, then they can just "eliminate" me anytime they wish...

HOWEVER: Am I entitled to SEVERANCE PAY? I worked at this company for 2 years.




(I was also told they are not fully "eliminating" my position, but making it more offsite and part-time because they wanted to save money...is this illegal?)
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Old 11-20-2018, 04:02 PM   #4
adjusterjack
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Default Re: Giving an employee a 60 days notice?

Quote:
Originally Posted by Unregistered View Post

HOWEVER: Am I entitled to SEVERANCE PAY?
No. That's your employer's option.

Quote:
Originally Posted by Unregistered View Post

HOWEVER:
(I was also told they are not fully "eliminating" my position, but making it more offsite and part-time because they wanted to save money...is this illegal?)
No. It's not illegal.
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Old 11-21-2018, 01:44 AM   #5
goddessoflubboc
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Default Re: Giving an employee a 60 days notice?

What he ^ said. Employers are allowed to reduce their workforce. Put your energy into finding a job. Collect UI if necessary.
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Old 11-21-2018, 02:21 AM   #6
Lexus
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Default Re: Giving an employee a 60 days notice?

If you are an at-will employee the employer can terminate you without a notice. If the situation is so your termination without notice is not illegal.
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