I've been reading these forums to understand what kind of severance we should expect.
Sounds like we should get 90 days due to NY WARN law (I work at 1515) and then a severance estimated to be 2 weeks per year of work.
There are arguments out there that the company isn't adhering to WARN, but as long as we get the 90 days + severance then we are good right?
Any reason to not sign and instead join the class action lawsuit ?
I do not live in NY but job is based in NY and I received the WARN months
@OP a lawyer advised me it would be costly & difficult to fight a large company once a decision is made, your union is the best representation.
@af This is inaccurate. The key is whether the NY HQ is considered your site of employment. So if you’re commuting from NJ or CT then yes, NY WARN still applies…
@aq damn...
In the last few rounds, warn pay reduced the severance calculation. Previous years it was an ADDITIONAL 90 days- not in 2024.
The NY WARN Act applies to private businesses with 50 or more full-time employees in New York State. It covers:
Closings affecting 25 or more employees
Mass layoffs involving 25 or more full-time employees (if the 25 or more employees make up at least 33% of all the employees at the site)
OR
Mass layoffs involving 250 or more full-time employees
Federal WARN ACT covers
• an employment loss at a single site of employment during a 30-day period of either (1) at least 33% of the employees (excluding part-time employees) and at least 50 employees
OR
(2) 500 employees (excluding part-time employees).
@ae NY has it's own WARN laws that cover employees based there. If your state doesn't have it's own WARN laws, then you're covered by the federal WARN laws.
does adherence to warn only matter for the people in NY or is it for everyone because the company is HQed there?
Ex-Para lawyer here. WARN payments are only applicable if a certain amount of the NY workforce is reduced. If they lay off less than that amount (I believe it's 15%, but not positive), there would be no required WARN filing/WARN payment period (i.e., effectively just salary payments as if you were still employed for 3 months following your termination date). You would instead just be entitled to whatever severance package you're given, which I can't personally speak to. Best of luck, everyone.
@a4 I understand that legally these are two different types of pay. 90 days of WARN pay is required by law, this is technically regular pay.
Severance pay is the optional pay they give you in recognition of your time with the company.
They need to be classified distinctly on any paperwork and paystubs.
My source is ChatGPT but if there are any legal or HR folks that want to chime in please do!
Is the severance really on top of the 3 months for WARN? Or if your severance would be, for example, 6 weeks, do you just receive 3 months with no additional severance?
For clarification also adding this that someone commented on another thread:
From last years layoffs
"Manager or below - minimum 4 weeks, max 52 weeks
Director - minimum 16 weeks, max 52 wks
VP - minimum 32 weeks, max 52 weeks
SVP+ - the better of contract terms OR 52 weeks (no other adjustment for tenure)"
is it 2 weeks per year completed? or the current year counts as well? Like if you started in 2022, would it be 3 years, or 4 years?