Thread regarding IBM layoffs

Many RAs in California ? Is IBM violating California WARN law requiring 60 days notice.

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Post ID: @OP+155KU2CD

16 replies (most recent on top)

See hashtags at the botton of this note... I am recycling this post, it may be useful here:

Here is a collection of previous posts on this topic:

WARN requires 60 notice or 60 days pay in lieu of notice

Post Link: @2RUr+CY1FLuD

I am receiving the 60 days pay plus health insurance in lieu of notice.

Post Link: @41pU+BMpdmxF

If the company designates that severance benefits are made in lieu of WARN notice, then unemployment benefits may be delayed for up to 60 days.

Post Link: @sXo+EvjOYJr

File today. If you sign an agreement that severance was paid in lieu of notice, then benefits may be delayed 60 days. The April agreement did not say that severance was in lieu of notice and people collected beginning the first full week they were unemployed.

Post Link: @hJr+EvjOYJr

By law they're required to give employees 60 day notice of layoffs. By paying us 8 weeks, they get around this law. It's called pay in lieu of notice. It's not them being compassionate, it's just them avoided lawsuits.

Post Link: @Amt+DHPvAuK

They can give you a 60 day severance payment in lieu of the notice. That's why people get 8 week severance, in that case they do not want to file anything.

Post Link: @5mk+EgNNESF

60 day notice - Will there be a 60 day notice for laid off employees? Will the employee be paid for those 60 days in addition to the severance?

Post Link: @OP+FxAOzPj

#WARN #SixtyDays #SixtyDaysNotice

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Post ID: @6zrw+155KU2CD

Originally got 30, pushed back, was told 60, then today it went back to 30 bc I'm not in SJ or CM. That's BS and wrong, CA WARN act requires 60. IBM isn't taking the COVID way out . Newsom voided CA WARN for Covid layoffs but this is clearly stated not a Covid layoff. They owe us 60.

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Post ID: @6eso+155KU2CD

@1fkg+155KU2CD - it was planned from the beginning as a 30/90 instead of a 90/30. Covid only added the medical coverage for 12 months.

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Post ID: @6tye+155KU2CD

Weird how some folks in CA got 30 days notice and some 60 days. Maybe their time at IBM? I can't imagine it is based on location within the same state.

No one from other states has stated they got 60 days notice (based on what i've read here).

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Post ID: @6aux+155KU2CD

30 days notice + equivalent to 3 months severance pay

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Post ID: @6vmu+155KU2CD

RA'd in California - last day June 22..... 30-90

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Post ID: @4suw+155KU2CD

I'm in NC. We got 30 days notice, and will get 3 months severance pay.

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Post ID: @2lhn+155KU2CD

I received 30 days. Was told that was correct for my location. Others, including people from SVL and Costa Mesa received 60 days?

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Post ID: @2cvh+155KU2CD

In California. Got 60 days + 90 days lump sum. Or..... move to Missouri.

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Post ID: @1eoi+155KU2CD

From what I gather about the California WARN, it should really say that notice and severance should be 60 days or more; so our 30/90 exceed the WARN requirement.

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Post ID: @1ymv+155KU2CD

Well, they are giving more severance than they normally did, so I think the net is that people are getting the same amount of salary (30+90 days vs 90+30). Irony is that this was in the works long before Covid-19. Is it larger because of it? Who knows.

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Post ID: @1fkg+155KU2CD

I was let go. Live in California. 1 month notice, not two.

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Post ID: @lld+155KU2CD

Covid shutdown in Cali seems to have been a real winner for everyone huh?
How anyone could live in such a place is beyond me.

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Post ID: @vol+155KU2CD

I guess that is another reason they wanted to rush this thing out.

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Post ID: @pcp+155KU2CD

Does this mean they are allowed to have a larger layoff in California (and other states with similar law exemptions) and not have to report the numbers? If so, the carnage in California may be more severe than usual, as IBM will no doubt take the opportunity to cut without the resulting bad PR of a WARN notice.

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Post ID: @qbw+155KU2CD

https://www.dir.ca.gov/dlse/WARN-FAQs.html

"Is there a change to the 60-day notice requirement in the California WARN Act because of the COVID-19 pandemic?
Yes. Governor Newsom issued Executive Order N-31-20, which temporarily suspends the 60-day notice requirement in the California WARN Act for those employers that give written notice to employees and satisfy other conditions. The suspension was intended to permit employers to act quickly in order to mitigate or prevent the spread of coronavirus.

The Executive Order does not suspend the California WARN Act in its entirety, nor does it suspend the law for all covered employers. The Executive Order only suspends the California WARN Act’s 60-day notice requirement for those employers that satisfy the Order’s specific conditions."

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Post ID: @bne+155KU2CD

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