I’m not real familiar with the WARN laws - doesn’t ATT have to file those before layoffs? Does that only apply to union? I haven’t seen any posted for TX or NJ... anyone know when/how those notices work?
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April 10 NJ WARN act is affective. 60 days notice. I company fails to register, employees laid off get another 4 weeks severance.
In CA, WARN does not apply if the employer cites COVID-19 as the reason for termination
If an employee gets severance equal to at least 60 days pay it also does not require a WARN notice.
In reality there is no real penalty if a company does not post a Warn notice. Co-Workers always give the best Warn notice.
The state laws are made for you to feel you are not alone. Like HR, they are not on your side.
After looking at IBM - There may not be much rebadging in IT, as it looks like they are slashing their own IT areas. Oh how the mighty biz are going to fall, tossing aside incredibly knowledgeable employees and devaluing their years by assuming they aren’t needed.
(And by ‘fall’, I don’t necessarily mean bankruptcy- just unnecessary chaos, mayhem, bad services, and security issues)
@ycp- Ah, yes , perhaps they’ll go for the “unforseeable business impact” excuse. But if that only exempts them from the full 60 days, I’m sure they’ve made their list by now and are ‘checking it twice’, how low and shady to use covid as a way to sneak in what they were planning anyway.
I am generally an eternal optimist , but after 10 rounds with T, they have finally beaten most of it out of me.
Also - I suppose ‘rebadging’ doesn’t count to the WARN totals...
do you know the meaning of .. Stealth layoffs, T has perfected this technique, lots of practice
There are also three exceptions to the full 60-day notice requirement; however, the notice must be provided as soon as practicable, even when these exceptions apply, and the employer must provide a statement of the reason for shortening the notice requirement in addition to fulfilling other notice information requirements. These three exceptions are:
Faltering company: A company is actively seeking capital or business and reasonably, in good faith, believes that advance notice would preclude its ability to obtain such capital or business, and this new capital or business would allow the employer to avoid or postpone the shutdown for a reasonable period;
Unforeseeable business circumstances: When the closing or mass layoff is caused by business circumstances (Covid 19?) 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
Natural disaster: When a plant closing or mass layoff is the direct result of a natural disaster such as a flood, earthquake, drought, storm, tidal wave or the similar effects of nature. In such cases, notice may be given after the event. (Covid 19?)
Exception to Warn ACT – If 50 to 499 workers lose their jobs and that number is less than 33% of the employer's total, active workforce at a "single employment site".. The peanut butter would have to be spread pretty thin across different sites.