Thread regarding Baker Hughes Inc. layoffs

You should know your rights: Baker didn't follow legal requirements of WARN in providing 60 days notice to employees who were being terminated

The Worker Adjustment and Retraining Notification Act (“WARN”) requires employers who have a mass layoff to provide each affected worker 60 days written notice that they will be terminated. An employer who violates the WARN provisions by ordering a plant closing or mass layoff without providing appropriate notice is liable to each aggrieved employee for an amount including back pay and benefits for the period of violation, up to 60 days.

They are also supposed to file a notice to a local unit of government. An employer who fails to provide notice as required to a unit of local government is subject to a civil penalty not to exceed $500 for each day of violation. This penalty may be avoided if the employer satisfies the liability to each aggrieved employee within 3 weeks after the closing or layoff is ordered by the employer.

Employees can file individual or class action suits in district court.

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Post ID: @OP+zT7Ho7U

12 replies (most recent on top)

Colorado is "At Will Employment"....no reason, no benefits. Found out the hard way they killed my medical the day I was terminated, and when I needed it the most after my son fractured his elbow.

I would love to see the DoJ jump into Bakers affairs a little more than they have, especially the Petrolite division.

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Post ID: @5Cvcb+zT7Ho7U

Per Anonymous1058......'The WARN Act also is not activated when the following coverage thresholds are unmet: If a plant closing or a mass layoff results in......50 to 499 workers lose their jobs and that number is less than 33 percent of the employer’s total active workforce at a single employment site; ...If work hours are not reduced 50 percent in each month of any 6-month period.'

The Pressure Pumping yard in Kilgore shut down without notice. Approx 80 people let go, with only about 5 remaining, but they have to transfer to another yard. That's more than 33% of the employers total active workforce at a single site. And work hours were't reduced 50% in each mo of any 6 mo period. BHI new this was coming and decided not to tell anyone. That's sad.

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Post ID: @1wRc+zT7Ho7U

"At will" does not give employers willy nilly rights to fire. Look into it. Employers lose lawsuits all the time in Texas. They have to cover their butts with offering counseling, proving that employee had been given warnings, etc. Why do you think that they have to always have you sign an agreement to not sue in exchange for the severance benefits? Don't be fooled by "at will". Anyway,this is not at will, it is a layoff and there are things they have to do before they use layoffs because it effects the local economy. They are supposed to cut hours, cut pay, cut expenses for things like software upgrades, etc. before they lay off people. If they fail to do these things they can be found at fault.

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Post ID: @1MkF+zT7Ho7U

In california they gave checks for 60 days pay instead of the notice

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Post ID: @1MEG+zT7Ho7U

You should also know that Texas is an at will state so they can terminate you employment at will for no reason. Just saying.

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Post ID: @l6I+zT7Ho7U

Go for it all! I know I will if I get laid off.

Remember guys and gals. We made baker not them. Over 20 years service right here. They put us all out to dry. Also remember when Halliburton takes over. We are all gone.

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Post ID: @b4O+zT7Ho7U

"Unforeseen"? This is certainly not an unforeseen business circumstance.

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Post ID: @pdT+zT7Ho7U

"Unforeseen"? This is certainly not an unforeseen business circumstance.

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Post ID: @Wc1+zT7Ho7U

Baker has always had to be legally forced to treat their employees fairly. WARN is there for a reason. Whether Baker can find loopholes or not, it is the right thing to do.

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Post ID: @3D5+zT7Ho7U

Exception to the WARN act...

Unforeseeable business circumstances: When the closing or mass layoff is caused by business circumstances that were not reasonably foreseeable at the time that the 60-day notice would have been required (i.e., a business circumstance caused by some sudden, dramatic, and unexpected action(s) or condition(s) beyond the employer's control, such as a major order's unexpected cancellation);

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Post ID: @NfC+zT7Ho7U

How is this possible? Would not the state go after them?

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Post ID: @6E0+zT7Ho7U

The WARN Act also is not activated when the following coverage thresholds are unmet:

If a plant closing or a mass layoff results in fewer than 50 workers losing their jobs at a single employment site;

If 50 to 499 workers lose their jobs and that number is less than 33 percent of the employer’s total, active workforce at a single employment site;

If a layoff is for 6 months or less; or

If work hours are not reduced 50 percent in each month of any 6-month period.

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Post ID: @dSL+zT7Ho7U

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