Mass layoffs are common throughout Nevada, and the world right now. However, it is important that we continue to hold employers responsible for their actions. Many employers are doing the best they can: CEOs are foregoing their salaries, Employers are encouraging employees to use their paid time off, some employers are even going the extra mile and paying their employees during this difficult period.
Other employers are not taking sufficient action to protect their people. Some employers have carried out mass layoffs without providing any indication to employees of whether the situation is temporary or permanent. Some employers have also failed to communicate with their employees during this difficult time to discuss their options. In violation of federal law, some employers have even failed to provide the required 80 hours of paid time off and instead responded with a mass layoff, offering no compensation or benefits.
Under Federal Law, the WARN Act ensures that large employers (100 or more) must give a 60 day warning (barring some exceptions) in the event there is a mass layoff. However, the COVID-19 pandemic was something that they will argue they could not have foreseen. The WARN act requires a simple 60-day notice (two months of pay) which could have made all the difference in the world for many people here in Nevada. In the event that 60-days’ notice is not possible, the WARN Act still requires that an employer give as much notice as practical. Even though it is unknown how long this pandemic could last, laws cannot be ignored.
Seeking out legal help should always be one of the first things you do. Meeting with an attorney creates a confidential Attorney-Client privilege. This means that anything and everything you say to your lawyer remains in strict confidence protected by law. You never have to worry about anyone finding out anything if you choose in the end not to pursue any legal recourse. But, talking to a lawyer and knowing your rights is one of the most important things you can do to protect yourself.
Many people do not know where to turn. It is important that you seek the help of an Attorney immediately. Our law office handles these types of cases and can help. Due to the pandemic, our office is offering free consults for employment law questions related to COVID-19. Call 702-333-4223 for a free consultation today.