Is it only 2 weeks WARN period now?
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NYer here. I was let go and placed on a 90 day non-working notice. I was paid for 90 days, my accrued vacation was paid out and I also got my severance at the end of the 90 days. It was a wonderful paid 3 month vacation.
People let go this week were told they have non working until April 15th and that HR will reach out to them next week. If that is the case, then all they get is 2 weeks pay plus severance ( 2 weeks per year). No 60/90 day WARN period. Anybody here otherwise?
I know of an employee who was told they have to work for one more month and then they have two months where they do not have to work. That totals three months (90 days). They then said their severance begins right afterwords -- not 90 days of WARN, plus severance -- but perhaps they misunderstood?
“ Honestly why are people so concerned with federal filing of WARN … “
Hmm … Could it be because employees are not paid due to Citi not following the WARN filing ?
Honestly why are people so concerned with federal filing of WARN when citi has communicated reorganization since October 2023. Let’s just say they violated the filing, it does nothing for employees, at worst company gets a financial penalty. The WARN act was enacted to eliminate the surprise closure of businesses, employee not getting paid wages earned and tenured employees getting some form of compensation. None of these things are being adversely affected by Citi.
But 2 weeks of paid non-working is not the same as 60/90 days WARN.
Since citi pays you until your last day you technically are not WARN noticed.
WARN is for the state..not the employer. The WARN notice informs the state of the number of people that will be payed off in that state but doesn’t provide PII data.
No.
NY has a WARN period of 90 days for mass layoffs or closings. Companies are supposed to post official WARN notices but many, including Citi, get around it by paying in lieu. So you’re laid off, last day in office is day X. Day X+1 starts the 90 day non working WARN period. So no access, no working, but normal paycheck for 90 days. After the 90 days, you get a severence package, 2 weeks per year ( minimum 12 weeks if salary is over 100k).
WARN and severence have nothing to do with each other.
I am not a layer. But 2 things:
- WARN act req employer to notify employees in case of mass layoffs in 90 days period. I they do not employer will need to pay fine about $250 per day. Not clear if this per case or per layoff.
- If the employer fails to give the full 90-day notice, then in addition to the mandatory severance payment, it also must pay the employee an additional four weeks of severance pay.
Again you will need to consult DOL if you want to do it right.
@lae+1rK5B1V0- from your post , 5 years of service = 5 weeks of severance do this is not equal to 90 days
90 days. Both NY and NJ. More than this NJ has minimum severance pay (1week per 1year).
But seems like many people understand this in wrong way. WARN period includes severance pay if I understand right. So is you work 5 years you will get $0 for warn period because it will be covered by severance.
Please correct me if I wrong.