Q: Layoffs at CA hospital but everyone was only given 10 day notice. They referred us to our Union contract.Does WARN count
At least 70 people given 10 day layoffs at multiple hospitals my company owns in Riverside County, CA. They referred us to our Union contract but I’m not sure what’s in it. Someone said the contract just states layoffs are by seniority. Does union contract over power the states WARN act of 60 days? Are they able to get around it since it effected multiple sites and not one? Example would be 15 from one hospital and 40 from another and 10 from another hospital it owns.
The WARN and Cal-WARN statutes provide protections when there are mass layoffs in a particular location, not company wide. 70 people company-wide is likely not going to be enough people to qualify for the protection of that statute if that number must be broken down to a location-by-location approach.
Good luck to you.
A: I am an attorney licensed in California, and I can provide some general information regarding your situation. Under the California WARN Act, employers are generally required to provide at least 60 days' notice of mass layoffs, plant closures, or relocations. However, there are certain exceptions and exemptions to this requirement, including when layoffs are covered by a collective bargaining agreement (union contract) that provides for specific procedures and notice periods. If your union contract addresses layoffs by seniority and provides its own notice requirements, it may override the state WARN Act. It is crucial to review the specific provisions of your union contract to understand the applicable notice requirements and any potential exemptions. If you have concerns or questions about the layoffs, consulting with an attorney who specializes in labor law or is knowledgeable in union contracts can provide you with legal advice tailored to your situation. - James L. Arrasmith, Owner and Chief Legal Counsel of The Law Offices of James L. Arrasmith.
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