Thread regarding Xerox Corp. layoffs

The Impending Layoffs on December 10th or 13th - Understanding your Rights

There has a lot of speculation that the final round of layoffs for 2018 will be on December 13th (or a recent thread indicated December 10th). There was supposed to be a layoff on November 29th, but no such layoff occurred. Rumor had it this layoff was pushed back two weeks to coincide with the December 13th layoff.

With the combined final layoff, and the breakout that "NumbersGuy" showed on this thread (Link: https://www.thelayoff.com/t/W0VxvHI) the anticipation is there will be greater than 250 layoffs. Based on the FEDERAL Department of Labor regulations, layoffs in excess of 250 employees require a 60-day WARN (Worker Adjustment and Retraining Notification) notice to be submitted to the department of labor. BUT, New York has a more stringent WARN requirement of 90-Day WARN notice. After a quick check on the NY DOL website, no such notice has been issued (Link: https://labor.ny.gov/app/warn/).

So, Xerox appears to be avoiding the preemptive WARN notice by providing a MINIMUM of 60 days (8 weeks outside of NEW YORK State) or up to the required 90 Days (12 weeks in New York State) of severance pay (which provides a "Payment in Lieu of Notice").

The severance calculation must be based on the average regular rate (wage) over the previous 3 years of employment. In addition, the severance must include the cost of medical expenses over the employment loss period (minimum of 60 days, or 90 days in NY). Here is a good article from a Labor Law Firm.

Article: https://www.polsinelliatwork.com/blog/2016/3/30/five-warnings-when-paying-in-lieu-of-warn

This website will show you if your state has additional WARN notice regulations (like NY State): https://www.employmentlawhandbook.com/state-employment-and-labor-laws/state-layoff-notice-laws/

There is little doubt that there will be layoffs this week. Please provide updates if you hear anything, and be sure to research your rights BEFORE YOU SIGN ANYTHING.

You are entitled to a minimum of 60 days of pay and 60 days of health insurance based on Federal Law...and potentially more if you work in a state with additional regulations.

by
| 3668 views | | 10 replies (last ) | Reply
Post ID: @OP+WwHWrR6

10 replies (most recent on top)

I heard 600 on 12/13, but not sure if regional or global. I am in XIM and have not been hearing much noise like we usually do when these are coming. Of course that could just mean I am on the list.

by
| | Reply
Post ID: @2oml+WwHWrR6

@WwHWrR6-1jur

On #3, you are correct that the NY WARN notice regs are a bit vague, though it has more to do with a company's legal structure with respect to its subsidiaries versus physical locations. Xerox is legally an old, legally complex organization. For example, you would need an army of lawyers to figure out how PARC fits into Xerox. I heard from folks that Xerox's new lawyers, many of whom are from the Icahn team, were trying to take advantage of these loopholes by spreading-out layoffs across multiple legal entities in order to avoid WARN notices.

Also, unless it is part of a Union contract or individual employment offers, severance and direct continuation of health insurance coverage (versus indirect, which is COBRA) is not legally required. For individuals, severance and health insurance offers can usually be changed with proper notification. To eliminate such offers from the Unionized folks, it would have to be negotiated out at the next collective bargaining discussion.

The same folks tried doing the same thing within Xerox Europe, which turned into a comedy as they refused to understand that European and not US law applied and European law typically favors employees over employers. No matter how many ways they tried to spin-it, the answer was always the same - severance and associated benefits are legally required and protected. It's why IRIF's for Xerox have been fewer and slower as the short-term costs for layoffs in Europe are very high and short-term costs are exactly what they are trying to avoid.

by
| | Reply
Post ID: @2mzi+WwHWrR6

Recent observations in Monroe County is that NY Labor Department determines location; not company.

Recently residents have contacted the NYS Labor Department when they were not included in a warn notice and work in Monroe county ( not on an official company site) and Labor department ruling was location is Monroe County. Company’s needed to include all Monroe county employees after the ruling.

So if you are let go in Monroe County and not part of warm notice; you should make every effort to contact NY Labor department. They’ll tally the complaints and deal with the company.

by
| | Reply
Post ID: @2fjx+WwHWrR6

It's been my experience that Xerox NYS WARN notices are made when union staff is involved: warehouse closures primarily such as 214. The rest have been done surreptitiously, as previously posted, in small enough numbers per day to avoid censure.

by
| | Reply
Post ID: @2mpt+WwHWrR6

Further research reveals that if xerox is paying in lieu of WARN that they need to cover medical EXPENSES for 60 days, not necessarily insurance. So if you are layed off and don’t have coverage elsewhere and have a major accident (example) within 60 day, xerox by law pays.

Also be careful to assure they are paying for 60 work days (12 weeks) not 7 day weeks which brings it to 8.57 weeks

by
| | Reply
Post ID: @1fnj+WwHWrR6

My takeaways on the excellent post:

1) since xerox has a MAXIMUM severance under the new policy at 12 weeks (60 days) it appears that anyone layed off who gets (or got) less is getting less than mandated by law, and a labor law suit can be made.

2) in the August layoff, people got a lump sum severance that did not include medical for any time, certainly not the 60 days they are mandated to get by law. A labor suit can be pursued for this aviolarion as well.

3) not from above but from my own research, NY WARN is by location. It’s sufficiently vague what constitutes a location that each BLDG on Webster campus could be a separate location.

by
| | Reply
Post ID: @1jur+WwHWrR6

IRIFs just in the USA or worldwide?

by
| | Reply
Post ID: @1geq+WwHWrR6

If rumors are true it’s not going to be pretty.

by
| | Reply
Post ID: @1kpm+WwHWrR6

Well you just check the WARN and see how many times they actual reported. I see once.

by
| | Reply
Post ID: @1tsv+WwHWrR6

I think WARN notices, both federal and state (New York, at least), are per location. So, if layoffs are distributed around the country, would that negate the need for a WARN notice? I also wonder if, within the large Webster complex, per location could mean by department and/or by building?

by
| | Reply
Post ID: @mmi+WwHWrR6

Post a reply

: