@ar Yes, I am referring to the WARN act, and it absolutely does apply here. Courts have ruled consistently that employers the size of Gainwell MUST provide 60-days notice if they intend to layoff an employee OR transfer them to another company that will provide less benefits, less job protections, less pay and less time off.
Gainwell, with the transfers to Tech Mahindra is absolutely violating the law. Period. Anyone who reaches out to a good lawyer or a good state labor department will find that out.
Yes, a transfer does not necessarily qualify as a "mass layoff," but only if certain requirements are met. Gainwell is meeting none of those requirements.
Here is from an academic case study examining three cases. Bottom line is, if we want to stop the transfers and layoffs, Get a Lawyer. Gainwell will be sc--wed.
"However, it appears that an employer's notice obligations under the Act may apply where employees are transferred to new jobs and receive inferior wages or a different benefit structure. Thus, employers must continue to be mindful of their notice obligations under the Act, as the penalties for failure to comply with notice obligations under the Act are significant."