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Question about Federal & State WARN Act California

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  • Question about Federal & State WARN Act California

    I work in the Northern CA branch office of a Southern CA based company. In fact, the office I work in is the only branch of the company outside of the main SoCal office. The total number of employees in both offices is under 100. Recently there have been a number of indications that the company CEO/owner is either planning to or at least seriously considering shutting down the NoCal office where I work with 7 other employees. My question is this: although closing down my office wouldn't meet the WARN Act criteria for being considered a "mass layoff," (due to the small number of employees) if the CEO/owner does end up opting to shut down our office, does he have any obligation at all, other than a moral one, to provide the employees in my office with any advance notice of his intention to close our office & lay all of us off?

    The rumor mill at work has been running on over-drive & I'm just grasping at straws for some sort of reassurance that the anvil can't be dropped on my office & all of our jobs at any time without any forewarning.

    BTW, I just need to express how awesome this website is and how grateful I am to have access to such a fantastic resource for getting quick, knowledgeable answers to these burning (and stress-causing) questions.

  • #2
    Under Federal law, no, he has no such obligation since it does not fall under WARN. I'm not sure if CA's version of WARN applies to offices this small or not - Megan?
    The above answer, whatever it is, assumes that no legally binding and enforceable contract or CBA says otherwise. If it does, then the terms of the contract or CBA apply.

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    • #3
      I believe that Ca requires 50 employees to be laid of.
      Megan E. Ross, Esq.
      Law Offices of Michael Tracy
      http://www.gotovertime.com

      Disclaimer: The above response is a general statement of the law and should not be relied upon as legal advice. It only assumes the facts that are stated in the message. The above response does not serve to form an attorney-client relationship.

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