Does employer have to give you 60 days notice or 60 days pay if they let you go abruptly..Please read details.

Question

Some background: The company my wife works for is a sub-prime lender that declared backruptcy last week. They let
some people go without notice and are facing a class action lawsuit. My wife is still currently employed. Last week she received a formal company letter giving them 60 days notice, a warn act, that they will be out of a job. Now the company's lawyer is claiming that although they provided the warn act, the company could let them go at anytime and not pay them. It seems that the warn act is useless if the company does not honor the 60 days notice. Please advise.
Thank you for your time and assistance in this matter.

****PLEASE CITE YOUR SOURCES****

Answer 1

I don't need any sources, firing and laying people off is common practice.

It was nice of them to give her a warning, but they do NOT have to offer any severance pay unless they previousl signed a contract to do so (Unions like to get these).

She has to be paid all time worked PLUS any owed vacation time, and that is the end of it.

Answer 2

This will depend on what is stated in her contract. She should have a copy which would of been given to her on her first day of work. If it's misplaced she does have a right to view the companys copy which will be in her file. This is her right don't let them tell you differently as it falls under the data protection act. I've taken our policy which I use from the company i work for.

The policy complies with the Data Protection Act which “aims to allow organisations to collect & process data for the purposes of their business while recognising the rights of individuals to privacy”.

1.The employee may view all personnel records; however, those that were already in existence prior to 24th October 1998 are exempt from the policy until 23rd October 2001.
2.An employee may wish to view or have a copy of the contents of their personnel file – with the exception of references and any other information that was taken or given in confidence.
3.Arrangements should be made by prior appointment for an agreed date, time and location. The employee must give a reasonable period of notice, e.g. 48 hours.
4.The individual may request that any information held that is not up to date or is inaccurate is corrected or removed from the file/record, in such cases the Designated Representative will be required to action changes immediately if new information is confirmed to be accurate and correct. Where the information’s accuracy cannot be checked immediately, the Designated Representative would be responsible for checking the information and confirming the accuracy of any information, and advise the employee of the outcome of any correction request(s) within 7 days.
5.Should an employee wish to challenge any such information, they should use the steps as designated in the grievance procedure.
6.‘Spent’ disciplinary warnings will need to be clearly marked as such. A warning that includes the date that the action took place and the period of time that it remains valid will be considered as clearly marked.
7.The Designated Representative of the company will remain present whilst the file is viewed by the employee.
Weekly Paid - Unit Manager or a more senior member of Management,
Monthly Paid -A member of the Personnel Department or Line Manager and above.
The designated representative would be responsible for removing all information covered by points 1 & 3 and replacing it once the viewing is complete.


The company should also have a employees hand book which will also have information on there rights of employment.

As far as I'm aware if they terminate her they must pay her any holidays owed.

Sorry I couldn't be more help but it should give you a starting point.

Answer 3

I'd really need to know what state you live in. Most states are Employment At Will states meaning they can fire you at any time without notice... thus without severance.

Answer 4

Any company that is an at-will employer may terminate you at anytime.