Layoffs and Reductions in Force
Receive knowledgeable labor law advice from an experienced legal team in Pleasanton
Layoffs and reductions in force are common for many businesses and employers. While terminating certain positions may be vital to maintaining your business, you could face legal consequences if the matter is not handled properly. At Garcia & Gurney, ALC, our Pleasanton lawyers act as general employment counsel for employers in the transportation industry, the manufacturing sector and many other industries. We understand the rights and obligations of workers and employers, and we provide the advice and representation our clients need to remain compliant with the law while maintaining a positive, productive workforce.
The WARN Act — Worker Adjustment and Retraining Notification Act — protects workers and their families by requiring employers give employees 60-calendar-days’ notice of layoffs and plant closings. Many types of employees are protected under the WARN Act, including supervisors, managers, and wage and salary workers. As an employer, you should be aware of some important facts about the WARN Act:
- The WARN Act covers employers who have 100 or more employees, not including employees who have worked less than six months in the last 12 months and employees who work an average of less than 20 hours a week.
- Managers, supervisors, and hourly and salaried workers are entitled to advance notice under the WARN Act.
- The WARN Act does not cover federal, state and local government entities that provide public services.
If an employee alleges that you have violated the WARN Act, contact a reputable Pleasanton attorney immediately.
Layoffs and plant closings
Workers affected by plant closing or massive layoffs are usually protected under the WARN Act. The law defines plant closings as the permanent or temporary shutdown of a single worksite, or one or more facilities that have a single worksite, which causes employment loss for 50 or more workers within 30 days.
Additionally, employees must receive notice if there is a reduction in force that results in employment loss at a single worksite within a 30-day time period for 500 or more employees, or 50 to 499 employees if the terminated employees make up one-third of your active work force. These numbers do not include employees who work fewer than 20 hours per week.
Pleasanton employment attorneys protect your best interests
Garcia & Gurney, ALC provides reliable counsel to employers engaging in reductions in force, mass layoffs and plant closings. For help with a labor and employment issue or other business law matter in and around Alameda and Contra Costa Counties, contact us today by phone at 925-468-0400 or online.