Losing or Leaving a Job FAQ

Questions:

• Does my employer have to give a good reason for firing me?
• How do I know if I have an employment contract?
• What are illegal reasons for firing me?
• What can I do to protect any legal rights I might have before leaving my job?
• Does the First Amendment protect me from being fired for what I post on my personal blog -- even if I sometimes write about my job?
• My former employer is offering severance packages only to employees who sign a release; is this legal?
• Do employers have to give notice of impending layoffs?
• What rights do I have when I'm fired?

Answer:

Do employers have to give notice of impending layoffs?

Employers are legally required to give employees notice if the layoff will involve a large number of employees or the closing of a plant. The federal WARN Act requires employers with at least 100 employees to give 60 days' notice before a plant closing or mass layoff. If the employer doesn't give the required notice, and doesn't fit into an exception to the law's requirements, employees may be entitled to pay in lieu of notice. See Nolo's article Layoffs and Plant Closings: Know Your Rights for more information.