Thread regarding Oracle Corp. layoffs

Sixty days notice vs. one day noticen / WARN act

Some people received 60 days notice - I assume due to the WARN act.

Some people received 1 days notice - I assume because they work at a "site" with fewer layoffs than where the WARN act applies.

If an employee's group (including their manager) work at one location, but they work at a different location a few miles a way - wouldn't the WARN act apply to them as well? Especially if they regularly visit the main location for meetings? see (3), or even (8)

WARN Act - Single site of employment.

(1) A single site of employment can refer to either a single location or a group of contiguous locations. Groups of structures which form a campus or industrial park, or separate facilities across the street from one another, may be considered a single site of employment.

(2) There may be several single sites of employment within a single building, such as an office building, if separate employers conduct activities within such a building. For example, an office building housing 50 different businesses will contain 50 single sites of employment. The offices of each employer will be its single site of employment.

(3) Separate buildings or areas which are not directly connected or in immediate proximity may be considered a single site of employment if they are in reasonable geographic proximity, used for the same purpose, and share the same staff and equipment. An example is an employer who manages a number of warehouses in an area but who regularly shifts or rotates the same employees from one building to another.

(4) Non-contiguous sites in the same geographic area which do not share the same staff or operational purpose should not be considered a single site. For example, assembly plants which are located on opposite sides of a town and which are managed by a single employer are separate sites if they employ different workers.

(5) Contiguous buildings owned by the same employer which have separate management, produce different products, and have separate workforces are considered separate single sites of employment.

(6) For workers whose primary duties require travel from point to point, who are outstationed, or whose primary duties involve work outside any of the employer's regular employment sites (e.g., railroad workers, bus drivers, salespersons), the single site of employment to which they are assigned as their home base, from which their work is assigned, or to which they report will be the single site in which they are covered for WARN purposes.

(7) Foreign sites of employment are not covered under WARN. U.S. workers at such sites are counted to determine whether an employer is covered as an employer under § 639.3(a).

(8) The term “single site of employment” may also apply to truly unusual organizational situations where the above criteria do not reasonably apply. The application of this definition with the intent to evade the purpose of the Act to provide notice is not acceptable.

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Post ID: @YdH5BHP

8 replies (most recent on top)

"Unless you have more lawyers than Oracle, it's pointless to worry about it - you can't win in court. "

Or - do I what I did do - was point it out to HR and have them fix it.

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Post ID: @YdH5BHP-2kpm

"Sorry for your rif, but your child care expenses aren't related to why Oracle hired or fired you. "

Ummm... it's part of compensation. Just like wages. And FSA doesn't cost Oracle a thing.

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Post ID: @YdH5BHP-2htt

As many have pointed out ( apparently not understood yet) WARN isn't the same in each state. California laws are different than others. Oracle can get around the legal requirement of 60 days notice by paying you for it and you have to agree to the terms or you don't get your severance. Unless you have more lawyers than Oracle, it's pointless to worry about it - you can't win in court. Many have tried and I don't know of any successes. Get whatever severance you can and get the heck out, as fast as you can - get another job and forget about this nightmare.

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Post ID: @YdH5BHP-1yka

Sorry for your rif, but your child care expenses aren't related to why Oracle hired or fired you. You made the choice to have children and how you pay for them is your issue - not the company. Granted, it s--cks big time to lose your paycheck, but don't bring your kids into the decision making. We all have bills to pay.

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Post ID: @YdH5BHP-1svz

California. I haven't yet received the "Termination Agreement", I'm just going by the "Oracle America Inc, Severance Pay Plan". Given that some employees are getting 60 days notice and I got 1 day notice, I assume this was due to Oracle's interpretation of "separate site" in the WARN act.

The point is that if I'm getting severance pay in lieu of notice - I won't be getting benefits during the 60 days. For instance, I won't be able to pay child-care from flex spending - which is about $1k/month. And Oracle only pays for the first 30 days of COBRA. If this is a WARN act interpretation - it clearly states that the company cannot interpret "single site" to evade the WARN act.

"all the smarty pants lawyers"

All the smarty pants lawyers managed to get conflicting information in the RIF "Am I eligible for Severance" and the "Oracle America Inc. Severance Pay Plan" . So yeah - for people that don't care enough about a few weeks wages to read the separation information I suppose it doesn't matter.

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Post ID: @YdH5BHP-1evh

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

#WARN #SixtyDays #SixtyDaysNotice

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Post ID: @YdH5BHP-gnn

Preciseness matters and avoids confusion, fear, uncertainty, and doubt. Are you referring to the USA? If so, different states have different WARN policies, procedures, and rules. What state? Some states may not actually call it "WARN", or may have no WARN-like governance at all. There is no single "WARN act" for the USA. California appears to have the most employee-friendly WARN rules for the USA, which for large layoffs includes a two-month period in which the laid-off employee stays on the payroll as an employee, retains health insurance benefits, and is allowed to peruse internal job postings. Idaho, Rhode Island, and Arkansas will probably be different.

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Post ID: @YdH5BHP-vis

what's your point? don't you think all the smarty pants lawyers have checked the Warn act provisions? they lay off so many people, it should be renamed the Oracle Act

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Post ID: @YdH5BHP-tio

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