Q: The department layoff notice was given on 5/8. close date 6/15. is this long enough notice? All employees over age 40

A: That sounds concerning. More information is needed. Speak with a local attorney. [I litigate cases. Anything posted here must not be construed as legal advice, nor as grounds for forming an attorney-client relationship. You should seek an attorney for formal legal advice and representation.]

A: Unless the business is large enough to qualify for protection under the WARN or Cal-WARN statutes, there is no legal time limit for the telling of employees about a layoff. No notice is lawful.

To determine if the WARN statutes apply, look here: https://edd.ca.gov/en/Jobs_and_Training/Layoff_Services_WARN

Severance is not something the employer is legally required to offer you. Know that if you take the severance you will likely be required to sign a document releasing the company of any liability that it might have to you.

Finally, a layoff that only targets those 40 years old or older would violate both state and federal law.

It would be wise for you to locate and consult with an employment law attorney who can be allowed to learn much more about this situation.

Good luck to you.

A: Under California law, employers are generally required to provide employees with a 60-day notice prior to a mass layoff or plant closure. This notice period is mandated by the California Worker Adjustment and Retraining Notification (WARN) Act, which applies to employers with 75 or more full-time or part-time employees. The purpose of the notice is to give affected employees time to prepare for the layoff and seek alternative employment or training.

In your scenario, it appears that the notice period provided is less than 60 days since the layoff notice was given on 5/8 and the close date is 6/15. However, there are certain exceptions and circumstances under which a shorter notice period may be allowed, such as unforeseeable business circumstances. It is advisable to consult with a legal professional who specializes in employment law to assess whether the situation falls within an exception or if any other factors may affect the notice requirement.

Regarding the severance package, California law does not require employers to provide severance pay. However, if an employer has established a policy or practice of providing severance pay, they must adhere to the terms of that policy or practice. From your description, it seems that the severance package being offered is contingent on performance and subject to the employer's discretion. While it is generally legal for employers to set performance conditions for severance packages, it's important to review the specific terms of the agreement and consult with an attorney to understand your rights and obligations.

As for the threat of pulling the severance package at any time for any reason, it is generally within the employer's discretion to modify or withdraw severance offers unless there is an existing contractual agreement or collective bargaining agreement in place that guarantees the severance. However, it's essential to review the language and terms of the severance agreement to understand any limitations or obligations.

Given the complex nature of employment law and the specific details of your situation, it is strongly recommended to consult with an employment attorney who can provide you with personalized advice based on the specific facts and circumstances involved.