April 2006
WIN AT WORK MONTHLY
A Community Service of SESSIONS & KIMBALL LLP, Employee Rights Attorneys
Win at Work	Employee Rights Update
LAYOFF NOTICE So your pink slip literally arrives out of the blue? You may have a right to advance notice of a layoff. The notice must be in writing, specify the layoff date, and state whether bumping rights exist and other information. The federal Workers Adjustment and Retraining Notification Act requires employers of 100 or more employees to give workers 60‑day notice of a plant closing (50 or more workers at a site “reasonably expect” to lose their jobs in any 30-day period) or mass layoff (50 or more full‑time employees lose their jobs during a 30‑day period). An employment loss is a termination (not voluntary or for cause), a layoff of more than six months, or a cutback in hours of more than 50%. Eligible employees who don’t receive the notice can sue their employees for up to three years’ back‑pay and benefits. Some pink slips may be better than a winning lottery ticket.	WHISTLE-BLOWING IN PUBLIC COMPANIES Employees who work in publicly traded companies may have whistle-blowing claims under the Sarbanes-Oxley Act of 2002. This legislation was introduced to stem the tide of corporate and criminal fraud which became apparent in companies like Enron and MCI WorldCom. It permits any employee who provides evidence of fraud or a violation of securities regulations to a regulatory or law enforcement agency, or to a superior officer, and who is retaliated against or who suffers discrimination or harassment, to make a complaint to the Federal Department of Labor. You must make the complaint within ninety days of the act of discrimination or retaliation. The complaint will be investigated and you could be reinstated to your job if you have been fired or you could receive back pay and attorneys’ fees. A complaint under this Act may cause other government agencies to become involved. It is taken seriously by publicly traded companies because a valid complaint may adversely affect the company’s stock and public image. Peter W. Taylor, Attorney
Update on our attorneys: Don Sessions prevailed in dismissing a lawsuit brought by T.V. producer Aaron Spelling. Don Sessions, Steve Kimball and our firm set new records in 2005 for recoveries for our clients.
Look for our answers to employees’ questions in the “Life and Work Q & A” column of the Orange County Register’s "Business Monday" magazine. E-mail us at info@job-law.com to have your address added or removed from our monthly mailing list. For more employee rights information or for past issues of Win at Work Monthly, click here for our website, job-law.com; here to order our book, Employee Rights in California; or contact our office directly at 23456 Madero, Suite 170, Mission Viejo, CA 92691, (949) 380-0900, (800) 774-7494, info@job-law.com. The Win at Work portion of Win at Work Monthly is from our ongoing syndicated column, which appears in the Los Angeles Times’ “Career Builder Magazine” and elsewhere. Win at Work Monthly is intended for general information and should not be construed as legal advice or opinion. Readers in need of legal advice should promptly retain the services of an attorney. ©2006 by Sessions & Kimball LLP