Legal Question in Employment Law in California
lay off
My mom just got laid off from her job at Ddeico Inc. She has been working there for 20 years. She was laid off without any warning. Is there anything she could do?
3 Answers from Attorneys
Re: lay off
If she believes she was terminated for improper reasons, have her discuss why she believes that with an experienced employment attorney. Sometimes, a severance agreement can be negotiated.
Otherwise, she is terminable at the will of the employer.
Re: lay off
Look for a new job and file for unemployment; try to get a good letter of reference. Unless she has evidence the termination was in some way illegal, based upon race, age, sex, religion, whistle-blower, etc., she is an 'at will' fired employee. If she was not given any severance package, it MAY be possible for an attorney to negotiate a modest one, depending upon her position in the company. The higher the position the more likely to get something reasonable. There is no law requiring severance or notice unless this is a mass layoff invoking the federal plant closure rules. Have her contact me if she wants to pursue such action.
Re: lay off
Was she the only one laid off or were there more? How large is the company? Did she have an employment agreement?
Why was she laid off, what was the reason given?
She may or may not have an action dependent upon the answers to these and other questions. She should consult with an attorney who specializes in employment law.