Thread regarding Optum layoffs

Do you think you will be laid off by your employer? Please read this

If you were part of a layoff or you anticipate being part of a layoff, please learn about the Worker Adjustment and Retraining Notification Act (WARN)

This Federal law indicates that your employer must give you 60 days written notice before the layoff , and your employer must paid you for those 60 days.

For example, let's say you are eligible for 4 months severance pay, your employer must pay you for 60 days, as part of WARN, and then your severance pay starts, which means you will be paid for 6 months, not four months.

Since WARN is a Federal law, it applies to everyone, regardless of where you live

Will your employer give you the WARN notice, and pay you for those 60 days? Not necessarily. Since you probably don't know about this law, you can't complain about what you don't know about.

Furthermore, your employer can try to manipulate the facts to avoid giving you the 60 days notice, and avoid paying you for those 60 days. For example, your employer might layoff people in groups to qualify for a loophole in the law dealing with the number of people being laid off at one time.

https://www.doleta.gov/programs/factsht/warn.htm

Please review this document to learn how your employer can be penalized if they don't provide 60 days notice before a layoff and don't pay you for those 60 days.

https://webapps.dol.gov/elaws/eta/warn/faqs.asp

Certain states have their own WARN law. Why should you care about this? In some cases, your State's WARN law protects you more than the Federal law. To determine whether your state has a WARN law, please type WARN Minnesota in any search engine (replace Minnesota with your state)

You can learn more about the Minnesota-specific WARN law here

https://minnesotaemployer.com/2011/10/17/minnesotas-mini-warn-act/

We don't recommend you discuss WARN with you manager or human resources representatives.

If your employer does not provide you 60 days notice before a layoff, and does not pay you for those 60 days, file a complaint with the Federal Department of Labor (DOL) and / or your State agency

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Post ID: @TVqdslY

16 replies (most recent on top)

The New Jersey WARN Act can be found here

https://www.nj.gov/labor/lwdhome/warn/njwarn.html

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Post ID: @TVqdslY-Cguc

We live in Connecticut

Please review this info for info about the WRAN act in our state

https://www.ctdol.state.ct.us/progsupt/bussrvce/rrwarn.htm

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Post ID: @TVqdslY-Cbjo

I never knew that an employer had to give the employee 60 days notice before a layoff. Who would have known? And since we live in a smaller state, which doesn't have much pro-employee legislation, it's great to know that the Warn Act is a Federal law that applies to all 50 states

Thank you

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Post ID: @TVqdslY-egna

According to this article, former CEO, Hemsley has over 700,000 stock options he has not exercised

These options are estimated to be worth nearly 2 billion dollars. We are going to recommend that Hemsley take some money out of his 2 billion dollar fund to pay the 60 days required under the Federal WARN Act. Do you agree with this?

http://www.startribune.com/ceo-pay-watch-stephen-hemsley-unitedhealth-group-executive-chairman/480423243/

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Post ID: @TVqdslY-8nyv

According to this article, former CEO, Stephen J. Hemsley made over 66 million dollars last year. Therefore, I suggest that Optum has more than enough money to pay for the 60 days salary under the WARN Act. Should we ask Hemsley for our money. Perhaps he can take it out of his obscene salary.

http://www.courant.com/business/connecticut-insurance/hc-united-health-group-ceo-pay-20150407-story.html

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Post ID: @TVqdslY-8krx

The Federal Warn is known more formally as this

If you type either of these into a search engine, the entire law will be presented

Best Wishes

Public Law 100-379

29 U.S. Code sections 2101-2109

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Post ID: @TVqdslY-8cuy

My sister is a lawyer and she provided these helpful tips about the Federal WARN Act

https://doleta.gov/layoff/warn.cfm

Select the workers’ guide

https://doleta.gov/layoff/warn.cfm

WARN e-laws Advisor

Using this option, you can answer simple questions about your employer to determine how the Federal WARN Act applies to your employer

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Post ID: @TVqdslY-8ssd

I would think a larger companies would follow the WARN Act

If they don't, they acan be sued for a lot of money

Based on what I reda here, I believe we should have been provided the 60 days notice (and pay)

Are you filing a complaint with the Department of Labor (DOL)?

https://www.doleta.gov/programs/factsht/warn.htm

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Post ID: @TVqdslY-8jdu

This document is very helpful for Minnesota employees

If you don't live in Minnesota, can you google this for your state; Warn act and state name (Illinois, etc)

Layoff Protections for Minnesota Employees

The federal WARN Act gives Minnesota employees the right to advance notice of large layoffs

https://www.nolo.com/legal-encyclopedia/layoff-protections-minnesota-employees.html

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Post ID: @TVqdslY-8mzh

The web site listed above lists over 100 companies being sued for violating the Federal WARN Act

It looks like a lot of companies don't follow this law

Wow!

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Post ID: @TVqdslY-7cyv

hey @7van

on a 60 day notice check out the rules, it's more complicated (the notice is not always required):

https://www.thelayoff.com/h/sixtydaysnotice

#sixtydaysnotice

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Post ID: @TVqdslY-7rxt

I had no idea my employer had to give me 60 days notice before a layoff

I had no idea my employer had to pay me for those 60 days in additon to the serverance

Thank you for this info

What do i do now? Ask my employer to pay me for what they didnt pay me for?

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Post ID: @TVqdslY-7van

This web site lists info about nearly 100 WARN act lawsuits

These lawsuits were filed against employers who failed to give their employers 60 days notice before a layoff, and failed to pay those employees for the 60 days

https://www.warnlawyers.com/WARN-Act-Cases/

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Post ID: @TVqdslY-1fny

I appreciate this info

I was unaware that an employer has to give you 60 days notice before a layoff

Who would've have know

I would think that Optum has plenty of attorneys to advise them about laws, such as WARN

According to this link, Richard Mattera is the chief lawyer at optum. Would he be the best person to contact?

https://www.optum.com/about/leadership.html

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Post ID: @TVqdslY-ioi

Thank you for this information

I already contacted one of these law firms, and they are mailing me info about the WARN law

If a company is supposed to give you 60 days notice, they must do that. They cannot be cheap

According to this article, UHG revenue is 200 BILLION. That's a lot of dough, and I don't mean the kind use for baking

If UHC has so much money, why can't they pay the 60 days salary the law requires them to pay?

http://www.modernhealthcare.com/article/20180116/NEWS/180119932

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Post ID: @TVqdslY-cob

I am not recommending these law firms, but if your employer failed to give you 60 days notice before a layoff, please find a competent attorney

https://www.girardgibbs.com/employment/termination/warn-act/

https://www.warnlawyers.com/WARN-Act-Cases/

https://www.lankmill.com/Firm-Overview.shtml

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Post ID: @TVqdslY-bxz

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