How do they bypass NY WARN act? The law requires 90 day notice for layoff more than 250 people from a single site. I am fairly sure more than 250 will be impacted next week. Is it by giving 90 days severance pkg?
8 replies (most recent on top)
60 days is extremely generous for a layoff of under 250. How many years of service did you have?
On the 60 Days Notice Question
Here is a collection of previous posts on this topic:
WARN requires 60 notice or 60 days pay in lieu of notice
Post Link: @CY1FLuD-2RUr
I am receiving the 60 days pay plus health insurance in lieu of notice.
Post Link: @BMpdmxF-41pU
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: @EvjOYJr-sXo
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: @EvjOYJr-hJr
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: @DHPvAuK-Amt
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: @EgNNESF-5mk
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: @FxAOzPj
they did not have to do 90 days last time or notify department of labor because layoff was only 5% (under 250).
I believe though there is still a requirement to notify the department of labor which didnt occur in June and thus far hasn't occurred now. I believe both employee notification and department of labor notification are supposed to occur.
If you are affected next week the normal procedure is to walk you out of the door and take your laptop and badge. You cannot return to work, but you are still an employee and will receive a paycheck for the next 90 days on schedule. After 90 days the WARN act is satisfied and THEN you get terminated/ laid off, with what ever package the company decides to give you.
So the 5% who were "laid off" in June are technically still employed. That 3 months of pay is to satisfy the WARN act. GF can then choose to give or not give you 2 weeks, 6 weeks, or nothing at all as severance.
Good luck next week.
Also within a three month period. Was already 200 two months ago
The warn act actually is 1 of 4 conditions. Two of those are either 25 employees if that is about 33% of the company, or a mass layoff of 250 people, no percentage attached. Link: https://labor.ny.gov/workforcenypartners/warn/warnportal.shtm.
Less than 33%...