Thread regarding SeaWorld Entertainment Inc. layoffs

Question about severance for someone smarter then me or with access to a lawyer

Trying to do some research on if what they with with severance is even legal (basically changing the rules right before giving us the boot) and I am looking at this section of the Code of Federal Regulations -

20 cfr § 639.4

Which states -

(b) An employer who has previously announced and carried out a short-term layoff (6 months or less) which is being extended beyond 6 months due to business circumstances (including unforeseeable changes in price or cost) not reasonably foreseeable at the time of the initial layoff is required to give notice when it becomes reasonably foreseeable that the extension is required. A layoff extending beyond 6 months from the date the layoff commenced for any other reason shall be treated as an employment loss from the date of its commencement.

Does that say that the term date should be back in April when the furlough started? Or is it saying that if the company decides it was not foreseeable to close that they can pick the term date once they decide to do the layoff?

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| 1482 views | | 5 replies (last September 10, 2020) | Reply
Post ID: @OP+16R2thAI

5 replies (most recent on top)

The way I read it is... if the furlough lasted more than 6 months, our separation date would revert to 4/1... the first date of our furlough. Since they are laying us off before the 6 month mark, they can make the date 9/4. If our separation date had become 4/1, we would have fallen under the old Severance Policy that was conveniently changed 9/2.

With that said... I thought there were additional provisions in the WARN Act. I dunno...

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Post ID: @1his+16R2thAI

The previous policy was

FT Hourly - 1 week of base pay per year of continuous service. Min Severance 2 weeks / max 26 weeks

Salaried - 2 weeks of base pay per year of continuous service. Min Severance 4 weeks / max 26 weeks

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Post ID: @1pnu+16R2thAI

Really? Just look at all the current and past lawsuits that they're either loosing or lost over the past years.....from all the dotted I's and crossed T's.

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Post ID: @1zlb+16R2thAI

They do not have to pay severance UNLESS it is in a policy that they will. The old policy had very specific guidelines on how they were to pay, believe it was 1 week for every year of service. If we can find some reason that they would have to change the term date then we would fall under that policy.

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Post ID: @jml+16R2thAI

I think once they term you. I'm sure the dotted all their i's and crossed their t's when developing this plan. There is no law that states they have to give us severance. I recommend you take the money and run so you don't forfeit anything they are willing to give you. It s—s, I know, I've been there for 20 years and getting paid out for only 4 weeks is a slap in the face. Believe me, I want to tell these people where they can go especially because all the big wigs in corporate got 6 million in stocks just so our severance can get cut.

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Post ID: @tiy+16R2thAI

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