Is that legal? Or, maybe I am blind and cannot find them....
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Baker has always worked hard to find the loopholes in the WARN act.
Unforeseen business circumstances may apply, but weaseling out of WARN requirements on the basis of a natural disaster is not going to fly. Business owners everywhere are finding out that Covid does not satisfy the legal definition of a “natural” disaster (hurricane, earthquake, flood, etc.) for business interruption insurance, which is the same legal framework underlining WARN. Thanks, China.
There are 3 exceptions to the WARN Act. One of the exceptions is “unforeseeable business circumstances”. A second exception is natural disaster. COVID-19 is seen as both an unforeseeable business circumstance and a natural disaster. Disclaimer: I do not work for HR. But I took the time to research this before posting.
Unforeseeable business circumstances as a result of the effects of COVID-19 And natural disasters such as COVID-19 allow businesses to be exempt from the WARN act. “If the notice were not reasonably foreseeable at the time the 60 day notice would be required, employers shall be exempt.”
HR makes up their own rules.
Hey who cares it’s going down anyway