I assume Macy’s inc thought through this and found a loophole, but I can’t help but wonder if those laid off can utilize this act. Many friends/family members have mentioned to me
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I was a MYSTYLIST, and was told that my store (by my store manager) was eliminating my position due to budget cuts. My store manger was crying and telling me to check back if something opens up and would support me. I then found out the next week, a friend and colleague was offered my same position. He told me ,that position would be called something different. This is not true, as I have friends who are MYSTYLIST at other Macys locations (other states as well), their job description and position has not changed. This company is dysfunctional! I worked at Nordstroms prior and was recruited by Macys. I have never been part of a company, who is shady and very un-professional along with violations regarding diverting.
Doesn’t matter which state you work in. The warn act is a federal law. Requires 60 days notice. Some states require even more. In the event of an unforeseen circumstance they are still required to post as much notice as they reasonably can. They only gave us 5 days notice. Notified June 25, last day of work June 30. Also if you are an older worker they are required to give you the list of all workers over 50 who were laid off and what their positions were. This is to ensure you were not laid off just because you were an older worker. They won’t give you the list unless you ask for it. Once you sign the settlement you have given up any claims of age discrimination Under the OWBPA employers are required to share the following information with the employees:
The ages and job titles of all the employees being terminated.
The ages of all employees being retained.
Any eligibility factors and time limits applicable for this offer.
The purpose of providing this information to employees is so that they have enough resources to make an informed decision about whether or not they should sign the age discrimination waiver agreement.
Good luck with suing the company or any company or joining a class action. If the lawyer or law firm is NOT handling your case pro-bono (free), you will be destitute at the end of the case when you lose. Big companies have internal lawyers and highly paid law firms that cover all possible loopholes for a suit. Get your severance and move on, I understand the unfair situation, we all knew Macy's already showed signs every year for the past 5 years with cuts and store closures. Read the comment again from @tng+15S2STnS.
I live in an "at will" state. No notices about layoffs or firings are necessary, be it one or 1000 being let go.
How do they not show bias?
Something else to think about. Some states allow your employer to fire you without giving you a reason.
Also, by restructuring and renaming positions, Macy's can then let go of people without penalty, as long as they show no bias. So if you are not chosen or offered any of the new positions, they can offer you a severance package and terminate you.
One of the Exceptions
(4) Unforeseeable Circumstances
WARN dispenses with the notice requirement if the need for notice was not "reasonably foreseeable" at the time notice would have been required. A business circumstance is not reasonably foreseeable, according to the proposed regulations, upon the occurrence of some "sudden, dramatic, and unexpected action or condition outside the employer's control." Examples in the proposed regulations include: "a principal client's sudden and unexpected termination of a major contract with the employer, a strike at a major supplier of the employer, an unanticipated and dramatic major economic downturn, or a government-ordered closing of an employment site that occurs without notice."