The WARN Act enforces orgs with more than 100 employees to give 2 months notice to laid off employees during mass layoffs involving minimum 50 employees, or worksite closings. Please contact your lawyers.
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We haven't been laid off. We have been terminated. So I don't believe WARN plays into this at all. The termination letter states: "As advised, your position at Fiserv has been impacted and your last day of employment at Fiserv will be (insert Date)." A Layoff is when you have the chance of being called back - we are not being called back.
There hasn’t been a mass layoff on a particular site. They are all over and I. Small groups to avoid the requirements
@saj. You are 100% correct.
freaking google attorney's
In 2005 Aon laid off, outsourced, the entire ITdepartment and terminated 100 people. BUT the new outsource entity made offers to 40 PEOPLE - ergo, no Warn violation. See how easy it is!!! But the offers were so lousy that only 10 accepted, so the other 30 had to be outsourced yet again from another company.
If they give you 60+ days severance and benefits, they may be in violation but there's no penalty. See page 7. https://www.dol.gov/sites/dolgov/files/ETA/Layoff/pdfs/WorkerWARN2003.pdf