Is this legal?

My Fiance was told on 7/27 that he no longer has a position
within the company due to a lay-off. They laid off 50 people
from his company. They asked him to stay on
an extra week to help with account transfering.
He has heard that all the layoff packages were
not consistent and that he is going to only
receive 3 weeks for almost 3 years of service.
There are other people who received 2 months,
Is this discrimination?

He has now heard that they are going to
replace someone for his position.

The company said the reason for the layoff
if due to the state of the market
and they needed to cut costs.

We need to speak with an Employment lawyer in
the Bay Area. Thank you.

1 answer  |  asked Jul 31, 2001 7:57 PM [EST]  |  applies to California

Answers (1)

Harvey Berger
Is this legal? No.

The Federal WARN Act states that in a mass layofff, the employees must receive at least 60 days notice, or be paid for 60 days.
Call attorney Steve Zieff in San Francisco, at 415-434-9800, and tell him I referred you. If he can't help, call me and I might handle it or can refer you to someone else.

posted by Harvey Berger  |  Jul 31, 2001 10:24 PM [EST]

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