Paying for 60 days instead of giving 60 days’ advance written notice
Employers must provide at least 60 days’ written notice; payment in a 60 day period after the fact does not substitute for notice.
Source: 29 U.S.C. § 2102(a); 20 C.F.R. § 639.2; DOL elaws Advisor
@a2 you aren’t making sense. You are still getting health insurance and paid biweekly. You prefer they make you work those 8 weeks and have a bunch of disgruntled employees who won’t do sh*t knowing they are getting canned.
@hr exactly…you are still employed and have insurance and are free to look all day.
@OP this makes no sense. You would rather have notice and try to find another job for 60 days instead of being paid to look?
I know a trial lawyer who deals in mostly employment cases and she tells me the big companies with hr depts and legal dept break the law ALL THE TIME. They get away with it because of the exact same assumptions being made here, that they have lawyers whose job it is to make sure they are following the law.
Got news for you.....lawyers are human too.
Email warn.inquiries@dol.gov to find out if there is a case.
If there were a thing here, it would have been a long time ago as this has been TI's SOP for a long time. I experienced it a few years ago when our group was shut down. The generous severance is also a carrot.
I knew an engineer who was on medical leave, returned, put on PIP (he was also highly compensated). He was let go in the last RIF. He said he'd sue (age discrimination?) Until they showed him the package. Being long tenure, he chose to take the generous package. TI is shrewd.
@aa Calculators from TI are like 2% of there business.... do some research
TI has an entire department dedicated to legal matters. TI World Wide Security. Do you think they would not understand laws inside and out and not be able to do this legally? Yes, there have been successful lawsuits brought against the company. But I don't think this is one that holds any water.
You all act like experts but in hindsight you don't know anything.
Do you think TI and their legal department are breaking the law? I'm sure if they are paying out 60 days in some legal way that is 60 days notice. Admit you know nothing and move on. It's business. Ti will do what they need to to say in business. It su-ks, and my heart goes out to all who are affected. This page is rampid with people who know absolutely nothing. I
Please please teach TI a lesson. They've been abusing the law for 25 years. H1B, general dou--e bagger and more. If you looked closely into them you'd find a treasure trouve of stuff.
Okay that being said what should an employee do?
Defining the “employment loss” that triggers the law
An “employment loss” includes an employment termination. Labels (e.g., “special”) do not change the terminated status.
Source:
20 C.F.R. § 639.3(f)(1)
Failing to notify state and local government
Notice must also be given to the State dislocated worker unit and the chief elected official of the unit of local government.
Source: 29 U.S.C. § 2102(a)(2); 20 C.F.R. § 639.2