Layoffs

An employer can lay off as many employees as needed. If a department is only one employee, then one employee may get laid off. If the employer needs to conduct a mass layoff of 50 or more employees to help preserve his business, 50 or more employees can get laid off.

As long as your employer has a legitimate business reason for a layoff, no minimum or maximum number of employees can get let go.

Under federal law, the WARN Act requires employers with 100 or more employees to provide at least 60 days’ notice to employees of mass layoffs. Under the WARN Act, you must receive notice if you have a reduction in force (RIF) affecting the following:

• At least 50 full-time employees
• 500 or more full-time workers at one location within 30 days
• 50-499 full-time workers or 33% of the employer’s total full-time workforce at one location

State Warn Acts vary between states. Some states, like New York, require employers with 50 or more employees to provide 90 days’ notice when laying off 25 or more employees.

Under New Jersey’s current law, employers with 100 or more full-time employees must provide at least 60 days’ notice to employees when 50 or more employees will be laid off from work in a 30-day period. Furthermore, New Jersey considers all business facility locations under the umbrella of one employer.

California’s WARN Act requires employers with 75 or more full or part-time employees with 50 or more layoffs receive 60 days’ notice before a layoff.

Most states offer at-will employment. Therefore, an employee can be fired from work for almost any reason. The same is true for layoffs. Employers may lay off employees for nearly any purpose. However, the law says employers cannot target employees because they are over a certain age.

Your employer cannot target any protected employees for a layoff. The following categories are considered protected classes (people are protected from discrimination under the law):

• Race
• Religion
• Color
• National Origin
• Age (over 40)
• Disability
• Pregnancy
• Gender/Sex
• Sexual Orientation
• Genetic Information
• Equal Pay/Compensation
• Ethnic
• LGBT
• Bankruptcy
• Hair
• Immigration/Citizenship Status
• Military/Veteran Status
• Gender Identity

An employer may not lay you off simply because you complained about workplace harassment. This act is known as retaliation. It is prohibited under federal and state laws.

The law is clear that employees must be free to complain about reasonable suspicion of workplace harassment. Even if the actions were not harassment under the law, the employee cannot receive any backlash in exchange for the complaint.

If your employer includes you in a layoff simply because you complained about harassment, you likely have a case for employment discrimination, wrongful termination, and retaliation.

Your employer can lay off any employees for business reasons, such as loss of work or being purchased by another company. This layoff can include those employees out of work on temporary disability.

However, under the Americans with Disabilities Act Amendments Act (ADAAA), you cannot be targeted for a layoff because you are out of work due to a temporary disability. If you can show you were targeted, you may have a claim for workplace discrimination.

You should be able to show that one of the following events occurred:

• You are the only person laid off in your department.
• You are the only person included in the layoffs within the entire company.
• Your employer only laid off people who were out of work due to temporary disabilities or using FMLA leave.
• The majority, but not all, employees laid off from work were using temporary disability when laid off.

If you think you were targeted for a layoff because you were out of work on a temporary disability, contact a dedicated employment lawyer to learn more about your rights under the law.

An employee can get laid off from work for almost any reason. However, the Pregnancy Discrimination Act (PDA) prohibits employers from laying off pregnant employees simply because they are pregnant.

Many employers will attempt to layoff pregnant employees during temporary layoffs, if possible. Some may believe they are doing these employees a favor. However, it is a violation of the law.

An employee may volunteer to be included in a layoff. However, an employer may not target pregnant employees during a layoff.

Employers are not required by any law to provide a severance package to laid-off employees. However, an employer must pay the remainder of wages through the last day of employment and any remaining sick time and vacation days.

As a sign of good faith, many employers will offer a severance package to employees during a reduction in force. Typically, companies will outline the terms of the package in the policy and procedures manual. Your union may also lay out conditions if you are represented by one.

Never sign a severance agreement without an attorney review. Severance packages may offer you additional money to help you after being laid off from a position. However, they also protect your employer from any lawsuits relating to harassment, wrongful termination, retaliation, or other employment discrimination. Contact a qualified employment attorney to review your severance agreement.

Typically, layoffs are legal. However, if you feel you were laid off as an act of retaliation or discrimination, you may have grounds to sue your employer. As long as you do not sign away your rights in a severance agreement, you can file a claim against your employer for wrongful termination, retaliation, or discrimination. Typically, these claims are filed with the Equal Employment Opportunity Commission within 180 to 300 days of the layoff. They may also get filed under state laws. The time limit to file varies depending on your state.

You may also sue your employer if you were not given proper notice under the federal or state WARN Act statutes. You may file a lawsuit in federal or state court as a result of such violations. The time limit to file your claim will vary whether you file under federal laws or state laws.

Contact an employment lawyer to file your claim for violations of layoff laws within the proper time frames allowed by law.