My employer did not give us 60 day notice to lay off...over 3000 of us are being laid off...can I sue this employer?

My daughter works for a grocery store with over 3000 people in diff stores thru out calif....2 weeks ago she was notified they were closing all stores and everyone being laid off...can she sue this employer?

1 answer  |  asked Nov 7, 2015 9:50 PM [EST]  |  applies to California

Answers (1)

Branigan Robertson
Yes. There is relevant California law in the Labor Code § 1401. It states that "an employer may not order a mass layoff, relocation, or termination at a covered establishment unless, 60 days before the order takes effect, the employer gives written notice of the order to the following: (1) The employees of the covered establishment affected by the order. (2) The Employment Development Department, the local workforce investment board, and the chief elected official of each city and county government within which the termination, relocation, or mass layoff occurs." If the employer fails to give such notice the employees can sue for backpay for a "maximum of 60 days" §1402(b). According to section 1404 "A person, including a...employee representative, seeking to establish liability against an employer may bring a civil action on behalf of the person, other persons similarly situated, or both, in any court of competent jurisdiction. The court may award reasonable attorney's fees as part of costs to any plaintiff who prevails in a civil action brought under this chapter."

posted by Branigan Robertson  |  Nov 7, 2015 10:14 PM [EST]

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