XOM may regret not offering a warn notice early on in the pandemic. I'm sure some ex-employees are gearing up for legal action. https://techstaffer.blog/2020/12/23/should-exxonmobil-have-provided-a-warn-notice-to-employees-before-layoffs/
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OP was talking about those that were PIP'd (fake layoff). For all legal purposes, the PIP was not a layoff so no warn act is required. OP is just trying to make something out of nothing.
WARN notice was given. Everyone got communicated first week of Dec to allow for 60 days by Feb 1 as separation date.
How many time has this been answered on this forum????
The WARN Act has 3 exceptions that remove the requirement that it be issued: (1) Faltering Company, (2) Unforeseeable Business Circumstances and (3) Natural Disasters. Many articles have been written with the opinion that Covid-19 is a valid exemption under Unforeseeable Business Circumstances, and possibly under number the Natural Disasters exemption as well.
EM has really smart lawyers, and if a WARN notice was required, gotta believe it would have been issued. Don't think I would get my legal advice from the OP's posted website.
Y'all think HR is bad??? Their attorneys are worse!!! Not gonna find a reputable attorney to take it on and xom knows that.
The PIP/PiL process was subjectively (if you were a subject) unethical and unjust.
But it was entirely legal objectively (at least in Texas).
That's why they write the laws don't you know?
What a nothing burger. The PIP process may be thought of as a layoff, but it is very easy to argue that it is as not. While the targets had changed just before the process, it's a far cry from the values were historically.
Many people saught legal counsel at the time who said there was nothing there for this. Sadly, Ex-employees are just going to pay huge sums of money and wait for years holding hope for nothing.