Is this legal?

[BatteryLow]

What is the name of your state? CA

The company I'm working for just recently laid off about half of the employees (about 20 individuals) and I'm a bit concerned that I may not be far behind. Management has not explained why or what's going on around here...so I'm trying to prepare for the worse even though I know that I'm needed.
My question is: Do they have the right to lay me off without any notice or severence pay? (if the lay off was for no good reason other than cutting back?)(even if I've been a good and dedicated employee?)
Or do they legally have to provide me with notice or severence?

 

[cbg]

Unless you have a contract that says otherwise, they are not legally obligated to provide either notice or severance.

 

[BatteryLow]

My year review is coming up in June and I was wandering if it would be appropriate to propose an employment agreement? This agreement would request severence pay in the case of a lay off.

 

[Beth3]

Assuming your employer would be open to such a request (which is a complete unknown), you should be aware that employment agreements/contracts are two-sided documents. They spell out the conditions under which you can be terminated or laid-off and what benefits you are entitled to if that happens, but they also often spell out the conditions under which you may voluntarily resign. In other words, you give up the freedom associated with being an "at will" employee for some period of time.

Everyone, including the employer, needs to have some "what's in it for me" terms in an agreement or contract, so if the employer agrees to guarantee severance to you if you are laid off, you should be prepared for them to request you make some sort of committment to a specific length of employment in return.

 

[BatteryLow]

Well I think I'll definitely ask...Hopefully there is no harm in that when viewing the situation of things around here. I've just bought a house and NEED a stable job. If they want to require that i work for a particular number of years...That's fine by me because I actually love this job and the people here.

Beth3: Do you know of a site where I can go to get some good examples of employee contracts? Thank you!

 

[Beth3]

Sorry, I can't help you with a website for that. A simple internet search ought to locate what you're looking for though. I've found some excellent confidentiality agreement templates that way.

It's really unfortunate company management hasn't seen fit to communicate to everyone what's taking place, why, and what they anticipate for future business conditions and plans. Everybody is of course naturally jittery and worried about job security. I think your first step should be to talk to your boss and see if he'll explain what's going on (assuming he actually has some insight.)

I see absolutely nothing wrong in opening a dialog about your own job security and whether the company is amenable to guaranteeing severance for a specific period of time should your position be eliminated. Then wait for them to come up with any terms they'd require from you to do so. No sense your committing yourself to anything they might not think of themselves. When it comes to negotiating, you always want to try to get the other party to put a number on the table first. Good luck.

 

[BatteryLow]

Thanks again! You have been very helpful!