is it legal for my boss it give her 5 employees one day notice that the business is closing, when a month previously said we’d have at least a week.

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is it legal for my boss it give her 5 employees one day notice that the business is closing, when a month previously said we’d have at least a week.

my boss pulled my 2 managers aside and told them she was selling out and dont tell the other employees i will give you all a weeks notice that were shutting down, she comes into work yesterday and pulls my manager from up front to tell him we close for good sunday, the new bosses who bought the buisness is gonna re-open in one month. am i eliliglbe for severance pay? is it legal for her to give us just one day notice? is she obligated to give us our last paycheck ahead of time? is this a lawsuit?

Asked on May 29, 2009 under Employment Labor Law, Rhode Island

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 12 years ago | Contributor

Unfortunately, the news for you is almost certainly bad. Unless you had an employment contract specifying notice and/or severance, or unless more more than 50 employees were being laid off at once, which would trigger certain legal obligations, then no, your boss has no obligation to give you notice or pay severance. She also is not obligated to pay your last paycheck ahead of time--it's customary to do so, but not required.

If you had acrued vacation days that your company would pay people for in the past when they left or were laid off, the company will need to pay you out for those. If you had health care, they'll also need to fulfill their obligations under COBRA so you can continue health care (if you want, and are able to pay). But that's about the extent of their obligations.

There is no lawsuit here, unless your bossses actions were somehow discriminatory. For example, if all female employees were let go but male employees retained, there might be a case for gender discrimination. However, that does not sound like the situation here, not if everyone is being let go.


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