California Layoffs Policy - Union
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FAQ
Under federal WARN Act, an employer must provide written notice 60 days prior to a plant closing or mass layoff to employees or their representative and the state dislocated worker unit (in California, the Employment Development Department, Workforce Services Division).
Laying off employees: 6 ways to ease the transitionEstablish your game plan.Handle layoff conversations with care.Identify employees needed for a transitional period.Establish incentives for transitional staff.Give flexibility to transitional staff.Provide outplacement assistance and support.
No Notice Required Under California law, an employer doesn't have to give notice if the job losses were due to a physical calamity or an act of war.
Employees who are laid off are generally eligible for unemployment benefits, as long as they meet California's earning requirements and make active efforts to look for a new job. If you're eligible, you can receive a portion of your average weekly wages, up to a maximum of $1,300 per week (for claims filed in 2020).
In California, you can submit notice of a layoff by email or snail mail to the WARN Act Coordinator at the state Employment Development Division.
Under California employment law, departing employees are entitled to receive their final paycheck almost immediately. Employees who quit must receive their final paycheck within 72 hours of giving notice that they're leaving. Employees who are fired must be paid on the same day as termination.
Federal Employees' Remedy for Termination Under the Merit Systems Protection Board (MSPB) or a Collective Bargaining Agreement: Federal employees covered by a collective bargaining agreement have protections against being fired without just cause.
