"The Worker Adjustment and Retraining Notification (WARN) Act requires companies (with 100 or more employees) planning a mass layoff to notify workers 60 days before the closure."
Does anyone know if BN violated this?
3 replies (most recent on top)
It wasn’t an unforseeable business circumstance, because we were told that the positions were being eliminated three months ago. But they assured us we wouldn’t be fired, they just wouldn’t refill them after we quit/retired. They saw it coming.
The wikipedia page for WARN indicates that if fewer than 50 employees are losing their job at a single employment site, they're not required to notify.
I don’t think BN violates the WARN act: here are the exceptions:
The WARN Act also is not activated when the following coverage thresholds are unmet:
If a plant closing or a mass layoff results in fewer than 50 workers losing their jobs at a single employment site;
If 50 to 499 workers lose their jobs and that number is less than 33 percent of the employer’s total, active workforce at a single employment site;
If a layoff is for 6 months or less; or
If work hours are not reduced 50 percent in each month of any 6-month period.
There are 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: When, before a plant closing, 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 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, such as a major order's unexpected cancellation); or
Natural disaster: When a plant closing or mass layoff is the direct result of a natural disaster such as a flood, an earthquake, a drought, a storm, a tidal wave, or the similar effects of nature. In such cases, notice may be given after the event.