Is it legal for a company to lay off a worker with no notice?

Question

My father got laid off at the end of his shift today--no notice, just laid off, wouldn't explain why besides "lowering head count". Is this legal? Can you be laid off without any sort of notice at all?

Answer 1

Unfortunately, yes it is.

Answer 2

Its not legal for a company to lay off a worker without notice. An employee must be notified first why he is being laid off by the company. I was once laid off a few years ago and we were informed by our supervisor why we were laid off - that is, due to global economic business trend. Also, our HR manager met us . Your father has the right to know the reason why he is being laid-off specially when he is a permanent employee. Even if he is only on a contractual basis, still, he has the right to be informed. He should asked his immediate supervisor or the human resource department. If not given attention, he may ask the help of any labor department in your locality.

Answer 3

Depends on the kind of job he had, and if he signed anything when he was hired. If he did, he should look over it very close. He can claim unemployment since he was laid off, he should do that asap. If he is really unsure, he can call a lawyer and ask over the phone, they won't charge you if you are just asking if there is anything you can do about being laid off like that. Unfortunately, I think a lot of companies can lay you off like that, but some companies like Ford, or big companies will give a severance check. You should tell him to definitely go claim unemployment, I think you can even do it on-line, just call your local unemployment office. They pay weekly or every other week. I think it is like 50% of what ever a person originally made. It is something until he finds another job. I would call a layer just to see what his rights are. Good luck, and sorry that happened to your dad. Some people are just heartless about how they do things. i hope he gets everything figured out. Just let him know you are proud of him and that you love him. Best wishes!!!

Answer 4

yes, if he did not have a signed contract that stated differently. He can get unemployment without any problem because of this lay-off. I am sorry for your father. I know this is disturbing. My grandfather (that raised me) had a contract that stated he could be fired at will for any reason whatsoever without notice and he signed it. So after 23 years of dedicated service that made the company the top for the country,he was fired. He had to get a job raking ball fields, because also in the contract it stated that he could not work for his competition or face legal action. He never thought he would have that happen to him but it did and he survived and found a new career that actually made him a healthier person. He became the head grounds keeper for a county school system that loved him dearly and gave him the nicest retirement celebration with all the coworkers praising his hard work. I hope your father finds the job that makes him healthier too. Sometimes hard things happen to allow the better things to happen to us.

Answer 5

Yes, you can get laid off with no notice. Especially depending on his level in the company. Most companies that lay off a person with no notice offer a severance package which includes retaining their paycheck from 2 weeks to one year and any place in between.

Most companies that lay off like this have done this in the past. If your father believes it was discriminatory, he can file a complaint. He may need to hire an attorney if he believes it was not for the reasons given at the time he was laid off.

Lastly, most companies that lay employees off in this way have given some sort of warning. If there were problems, performance or personality conflicts, than a company can cloak termination in "layoffs". It is not right, it may even be unjustified, but depending on the documentation in place, they may win any arguments for discrimination. Good Luck!

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Answer 6

It depends on what country you're from and the contract your father has with the company.

In Australia, for example, a company can tell their staff they're laid off and not to bother coming to work the following day. However, this means the company would still have to pay the next whatever normal pay period (either weekly, fortnightly, monthly etc) in lieu of notice.

So the payment is in place of giving notice. That is not unusual or illegal. And, if your dad qualifies for any redundancy or long service payments, that will need to be paid too.

Answer 7

If your father's job initially required him to sign either an in-house handbook or the initial application in which that the job was categorized as an "at-will" defined position, the employer can terminate an at-will employee without any advance notice. Nevertheless, there are certain rules in place which will protect at-will employees should there be some sort of arbitrary, unreasonable cause cited by any employer for the lay off.

Answer 8

Yes, it is totally legal to lay someone off. They never give notice. It would be like saying to someone, "hey, you're getting fired in two weeks. Consider this your notice."

Maybe you are thinking of when a place announces it is going to close down at the end of the year. That way the employees get notice of the lay off.

I feel bad for your dad. He probably had many years in the same company. I think when they let people go on that short notice, they should give them some kind of severence pay & extend their health insurance for a certain period of time.

Answer 9

yes, my mom was laid off without any notice. She just came back from work and said that she was laid off. But, she was informed that people would be laid of. If they didn't tell your father that some people were going to be laid off, then that's just plain weird.

Answer 10

Some states have laws that require large employers to give you a certain number of days' notice before they can let you go. But it doesn't apply to relatively small companies. And it also depends on what state he's working in.

Answer 11

If he is an at-will employee then I'm afraid so. He can apply for unemployment though, and he can post a resume on Monster.com to try to find a new job. I know it's no fun but there's really not much anyone can do about it. I wish the best for your family.