Why was no notice given? How could this happen given the WARN Act?
https://en.wikipedia.org/wiki/Worker_Adjustment_and_Retraining_Notification_Act_of_1988
Why was no notice given? How could this happen given the WARN Act?
https://en.wikipedia.org/wiki/Worker_Adjustment_and_Retraining_Notification_Act_of_1988
It is based on percentage of workforce being laid off. I don't think 5% qualifies.
Clifton laid off well over 50, but the penalty for not giving notice is 4 additional weeks of severance pay (in addition to 1 week per YOS). I don’t know anyone personally who would be able to confirm, but I’d assume the severance package accounted for this.
As long as proper severance rules are followed a company can generally avoid the WARN notification since the penalty is the severance requirement. If they want to avoid severance then they need to notify. Does vary some from state to state but severance in lieu of notification generally allows a company to avoid notification.
Most states say that notice isn't required if they give a severance package
Clifton lost 80 union members and 100 non-union and management. not aware of a warn notice
I don't always seek legal information on the internet, but when I do, it's on anonymous websites full of people complaining.
Regarding NJ, I agree with the other poster (from Texas) who said the WARN act covers only a specific site. I do not know if New Jersey has additional rules. But I do know that most corporations are expert at navigating their way through laws like to this to avoid notifications and additional severance.
I think they violated it in NJ which says if 50 or more are let go within 30 days across all operating locations in the state, they must file. From the sounds of it, Clifton lost more than 50. Can anyone verify?
I'm not sure if states have different rules but in Texas the company has to hit a certain threshold of layoffs before an announcement.
Texas rules for announcement:
https://www.twc.texas.gov/data-reports/warn-notice