Thread regarding GlobalFoundries layoffs

Fake

Seems workforce reduction already started in GF.

250 or more Employees would trigger the NYS 90 day WARN Act. As of now, GF has not notified NYS, formally.

You can can keep track as to If/when this happens at this link to WARN Act Notifications.

You can also contact NYD Dept. of Labor with any questions/concerns during this process. There is advocacy available to NY residents/employees. Be sure to document ALL discussions and communications with your Management and HR department.

https://dol.ny.gov/warn-notices

Information on the specific WARN:

The WARN Act applies to private businesses with 50 or more full-time employees in New York State. It covers:

Closings affecting 25 or more employees
Mass layoffs involving 25 or more full-time employees (if the 25 or more employees make up at least 33% of all the employees at the site)
Mass layoffs involving 250 or more full-time employees
Certain other relocations and covered reductions in work hours
This means that covered businesses must provide all employees with notice 90 days prior to a:

Plant closing
Mass layoff
Relocation
Other covered reduction in work hours
Businesses that do not provide notice may be required to:

Pay back wages and benefits to employees
Pay a civil penalty
Businesses must give notice to:

All affected employees
Any employee representative(s)
The New York State Department of Labor (DOL)
The Local Workforce Development Board (LWDB)
The chief elected official of the unit or units of local government where the site of employment is located
The school district or districts where the site of employment is located
Each locality that provides police, firefighting, emergency medical or ambulance services, or other emergency services, to the locale where the site of employment is located
Early warning gives the DOL and the LWDB the chance to work with the business early on and provide employees with information about:

Unemployment Insurance (UI)
Workforce Programs
Resources designed to get employees back to work quickly
Early warning also benefits the business. It can shorten the time that employees are on UI. It therefore may lower the UI charges associated with the layoff or closing.

It is strongly encouraged that employers submit their WARN notices by email to WARN@labor.ny.gov. Notice by employers to the Department of Labor can also be mailed to:

New York State Department of Labor - WARN Unit
Building 12, Room 425
State Office Campus
Albany, New York 12226

It's really unfair when there are so many of us willingly ready to leave with a package.

Know what you're doing. Don't let GF fly under the radar once again if you can help it.

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Five “Warnings” When Paying In Lieu Of WARN
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The Worker Adjustment and Retraining Notification Act (“WARN”) requires an employer with 100 or more full-time employees to provide 60 days’ notice to all employees who will be affected by a mass layoff or plant closing at a single site. If the WARN notice requirement is violated, each affected employee is entitled to damages equal to compensation and benefits as defined under the Act for a period of 60 days. Nothing under the WARN Act, however, requires employers to continue to employ affected employees during the 60 day notice period. Subsequently, employers may “pay in lieu” of providing WARN notice.

Before “paying in lieu” of notice, employers should consider all of the necessary elements in valuing the requisite payments under WARN. Failure to properly compensate affected employees may result in litigation, attorneys’ fees, and civil penalties. For these reasons, it is important to heed the following five “Warnings” when paying in lieu of providing WARN notice:

Properly count the 60-day period. Affected employees are entitled to 60 days of compensation and benefits. Some jurisdictions require that damage calculations be measured by 60 work days rather than 60 calendar days, which can significantly affect an employer’s calculation of back pay and benefits under WARN.

Back pay may not be equivalent to current pay. Back pay is defined under the WARN act as the higher of “the average regular rate received by such employee during the last three years of the employee’s employment” or the “final regular rate by such employee.” If an employer simply uses an affected employee’s current rate of pay to compute back pay, the employer may inadvertently violate WARN.

Benefits may include non-ERISA benefit plans. Benefits are defined under WARN to include all benefit plans that are subject to ERISA. Benefits, however, may also include non-ERISA benefit plans. Some jurisdictions require that non-ERISA benefit plans such as vacation pay policies and/or equity incentive plans be included in computing payments in lieu of providing notice.

Benefits also include the cost of medical expenses. Benefits also include “the cost of medical expenses incurred during the employment loss, which would have been covered under an employee benefit plan if the employment loss had not occurred.” To avoid liability under WARN, employers might want to consider extending health insurance coverage.

Health benefits may not be extended to terminated employees. The applicable health insurance plan may not allow an employer to extend coverage to terminated employees. Employers faced with this situation may want to consider paying for the employees’ COBRA premiums for 60 days.

Employers are well-advised to take precaution and seek counsel when considering “paying in lieu” of providing WARN notice. There are a number of risks associated with valuing payments under WARN that can inadvertently lead to legal claims.

If you sign the in lieu of warn, you can’t file for unemployment until after the 60 days. The actual check doesn’t pay out until 30 days after your last day.

what department?

@OP+1jHecKGx And @dkp+1jHecKGx

Did you guys take a retirement package deal?

Same scenario here except mine was at my manager’s desk. From the paperwork booklet look like the in “Lieu of Warn” isn’t paid out until 60 days from now?

Fake news