Does My Employer Have To Give Me Notice Before Laying Me Off?

Generally, employers do not have to give employees advanced notice of a layoff, unless certain circumstances exist in California.  An employer must give at least 60 days advanced notice of a layoff to employees if the employer lays off 50 or more employees at a covered establishment, which is a facility or location that has employed 75 or more persons within the prior 12 months.

Employers who fail to provide the 60 days of notice when required, are liable to employees for back pay, the value of the cost of any benefits, and the cost of any out of pocket medical expenses which would have been covered under an employee benefit plan, had employment not been lost.  Employees may recover up to a maximum of 60 days of back wages and lost benefits.  Employers who violate these notice requirements may also be liable for civil penalties.  

An employer may only avoid the notice requirement at covered establishments if the mass layoff is necessitated by a physical calamity or act of war.   

(See Link(s): Labor Code Sections 1400-1408)