NOTICE THAT DOES NOT SATISFY WARN REQUIREMENTS
A verbal announcement at an all-employees’ meeting or smaller employees/supervisor staff meeting does not meet the WARN Act require- ments. In addition, preprinted notices regularly included in each employee’s paycheck or pay envelope or press releases to the media do not meet the requirements.
The penalty is you get 60 days back pay...so either 1.) layoffs are under 500 or 2.) everyone let go is getting a min of 60 days severance.
sorry but they can justify not giving a 60 day notice because of Unforeseeable business circumstances (i.e. engine supplier issues or whatever they want to make up).
It is one of the three exceptions listed to the 60 day rule
https://en.wikipedia.org/wiki/Worker_Adjustment_and_Retraining_Notification_Act_of_1988
This discusses the 'single site' determination/ruling as it relates to a lawsuit back in 2013.
http://www.employmentlawdaily.com/index.php/news/5th-cir-two-facilities-were-single-site-under-warn-act-due-to-truly-unusual-circumstances-including-a-hurricane/
The directors and managers are not in their offices this morning. Maybe having a pow wow, fighting for their employees.
They filed 349 as the total layoffs for 2015.
You need to go read the legal definition of a “site” as it applies to the WARN act.
People need to get the facts straight … It has to be a specific percentage per location, site OR building to enact WARN. This is the reason WARN wasn't given in 2015. Good luck all.
What's weird is they made the announcement and scared the heck out of everyone about a month ago. Why not give a WARN notice then as well? Limit having to only pay 30 days. Makes me wonder if less than 500 people will be let go and WARN is not applicable.
However, 5 years of service gets you ~60 days severance and so how many people being let go have less than 5 year but more than 3 (2-3 years gets you ~30 days severance)? So they could have delayed the WARNing to avoid shocking the stock price before the numbers were nailed down.
In short. We know know nothing. It's been fun to worry about it all.
This isn't the first RIF for Gulfstream and won't be the last. Their lawyers know the rules better than you do. I understand people want hope but don't give them false hope.
Correct. They either give you 60 days notice or 60 days pay. Simple as that.