Your employee rights could be violated at this very moment.
Were you furloughed due to COVID-19?
You might be entitled to money!
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Know when your rights as a furloughed worker have been violated.
Furlough – what is it?
Furlough is an employer-mandated leave from work for a determined time. You can be furloughed for as short a time as a few weeks, or as long as months. Different measures can still count as furlough, depending on the type of employee you are:
- As a non-exempt (or hourly-paid) employee, having your hours partially or totally cut for a determined time, without affecting the hourly wage.
- As an exempt (or monthly-paid) employee, having to take mandatory unpaid full-week leaves, for a determined amount of weeks.
Furlough VS Layoff
Furloughmeans there is a continuing employer-employee relationship. Furloughed workers retain their employments rights and benefits. Once this status is lifted, these employees automatically resume work as usual.
Layoff, on the other hand, constitutes a break in the employer-employee relationship. This means a termination of employment rights and benefits. However, laid off workers will be given their final wages, accrued PTO, and workers’ compensation before they are let go.
Furlough | Layoff | |
| For a definite or determinate time | ✔ | ✖ |
| Employee will certainly return to work | ✔ | ✖ |
| Employee is considered terminated | ✖ | ✔ |
| Employer is liable to pay the final pay | Find Out Below! | ✔ |
If You Have Been Furloughed, You Could Be Entitled to Your Final Pay
Under California laws, a furloughed employee is entitled to his or her final pay in three scenarios:
- When the furlough has lasted longer than the current payroll period, and the employee is exempt. For example, if you are paid weekly, the furlough cannot last longer than a week.
- When the working hours were cut to zero for an indefinite time, and the employee is paid per hour (non-exempt).
- When the business shuts down more than 10 days without providing the employees with a date of return to work.
Is there a penalty for non-payment of a final pay?
If the employer fails to give you your final pay in the same day you were furloughed, he or she will be penalized. For every day of delay, the employer will need to pay a penalty equivalent to a one-day wage of the employee. The maximum penalty that can be imposed is equivalent to a 30-day wage.
Contact Farahi Law Firm
If you suspect that your worker’s rights have been violated, call us for a free consultation! We are available 24/7 to clear your doubts and defend your rights.
Your Employer Has to Notify You In Case of Turning Your Furlough into a Lay-Off
There used to be a 60-day notice requirement under CalWARN before employers could declare a mass lay-off. However, due to the extraordinary situation, businesses can go from a furlough to a layoff without the 60-day notice if they:
- Gave WARN-compliant written notice to all affected employees, unions, and the required government agencies;
- Sent the notification with as much time as possible;
- Explained why they cannot comply with the 60-day notification period;
- Declared the layoff as caused by COVID-19 which has resulted to “business circumstances that were not reasonably foreseeable as of the time that notice would have been required;” and
- Included this statement in the written notice: “If you have lost your job or been laid off temporarily, you may be eligible for Unemployment Insurance (UI).”
CalWARN covers businesses that employ 75 workers and above. Smaller businesses that employ less are not covered by CalWARN, which meanscan close business overnight without following these measures.
How do I know if my employment rights have been violated?
Your employment rights have been violated if:
- Your employment status was illegally changed from exempt to non-exempt
- You were not properly noticed of your pay/hour cuts or any other change in your contract
- You were not paid what was due to you after working from home, or in your office
- You were furloughed for 10 days or more without being noticed of the day of return, or for more than your payroll period
Employee rights violations are not limited to just these situations. If you suspect that your rights have been violated in any way,
GET ANSWERS NOW. CALL FARAHI LAW!
What are my other rights if I have been furloughed?
Furloughed workers retain the right to:
- Seek new employment;
- Take temporary jobs while waiting for work resumption while not breaching contractual obligations; and
- Ask management for updates regarding employment status, information on possible work resumption, and their future plans for the business
Can I use my paid sick and vacation days while furloughed?
Yes, furloughed workers can exhaust all paid sick leave and other PTO available. Your employer cannot force you to use your paid sick leave while you are on furlough. The determination of how much paid sick leave days you will use is up to you.
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Farahi Law Firm is here for YOU. We are one of the Top 100 law firms in the nation; we can help you defend Your Employee Rights. For a FREE consultation, call us now at (844) 316 5083 or email us at info@farahilaw.com.
