Don't they have to give me notice before firing? 03-11-2009

I was laid off today with no notice. I was wondering if they are required to give some sort of notice or severance pay. I was told that I get 3 months of medical but that doesn't pay the bills. I asked why I was not given more notice and they said it was unethical. Is this true?

Ann Kiernan replies:

The federal WARN Act says that most private employers with 100 or more employees must provide notification 60 calendar days in advance of plant closings and mass layoffs. A "mass layoff" under WARN means 500 or more full-time workers at a single site of employment or 50-499 full-time workers, and these layoffs constitute 33% of the employer's full-time workforce at a single site. WARN does not apply to most public employers. Some states have their own versions of WARN, as well. Note that WARN does not require severance pay, just notice.

If your employer is not covered by your state law or WARN, or there was not a plant closing or mass layoff, then there is no legal requirement for advance notice of termination. I certainly have never heard that it would be "unethical" to give advance notice. If you believe you were treated less favorably than others who were laid off, you may want to consult Fair Measures' Wrongful Termination Checklist, or call a local employment attorney.

Good luck with your job search.

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