I am a Centene worker who got canned today following a stellar performance review, and given 3 wks notice with a last day of March 4. Does anyone know why the WARN Act ( a federal requirement) was not in play with this massive layoff? The WARN Act states that when there are more than 500 employees being laid off, the company must give said employees at least 60 days advance notice so they have time to plan the end of employment, better manage their expenses, find a new job, etc. I am not a lawyer and perhaps there is a exception or loophole for Centene. My understanding is that a company that is found to be in violation of the WARN Act must compensate their employees for at least 60 days at their regular salary. Who would I contact at Centene to ask this question? My supervisor?
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Company still getting around WARN legislation . Now considering remote workers “ office if one”. That’s why they did affidavit for working from home and if you didn’t fill it out you defaulted to working from home. About time someone call them on all this - new Ceo Sarah london arrogant and thinks she is better than everyone else because she went to Harvard . More interesting in planning what spa treatments she is getting at Sea Island during the Executive retreat then caring out following the rules
If you are getting laid off, your paperwork should be reviewed by an employment attorney in your state. I've been through a few layoffs and trust me, you'll feel better. Cost is under $500 if simple, about double or more if complex.
I can't see how this wouldn't fall under the WARN act and in states like NY and CA, state laws. Here's the text of the Federal regulation and it does state 500 or more https://www.ecfr.gov/cgi-bin/text-idx?SID=99ed6ca6283e86ebd5f28437ff29ba23&mc=true&node=pt20.3.639&rgn=div5
Good luck to all!
HR is there to protect the company not the employee remember that.
Centene knows how to cover their a–...it maybe 10% with the WARN act but notice how in the company news on the 9th they made sure to state it was 6% even though they noted 3,000 positions
That is what they are doing with team in Austin.
It impacts 500 or more being laid off, not 10%.
WARN covers layoffs of 10% or more of associates across a the company or 10% in one particular location. CNC has always been careful to stay under this number.
Before jumping right into finding an attorney, make sure your last day of work (March 4th) is actually your last day of payment as well. I was part of the Humana lay off in 2018 and we were let go from work duties within a week of knowing, but still received full pay for nearly 2 full months without actually working. In addition, the severance package usually covers their end of the bargain to ensure they aren’t breaking a law, in these types of situations.
At the same time, the attorney will answer any questions you may have and that’s your right to know. I just don’t think you’ll find a successful lawsuit out of this/the WARN Act.
Corporate marketing had months notice so maybe depends on many factors??
This could be interesting, especially as a Federal contractor as noted below.
But lawers are lawers.
Looks very ugly, but will be covered up and dark money tombstones.
All pretty again trombones.
I saw this.. idk if we could qualify for a class action suit since there are people from all over... Currently, no case law addresses whether a pandemic such as COVID-19 would qualify as a “natural disaster” under WARN, and very few cases discuss the “natural disaster” exception generally. At least one court has stated that human involvement in the origins of an event would preclude it from being a natural disaster. Carver v. Foresight Energy, LP, 2016 U.S. Dist. LEXIS 90665, at *12 (C.D. Il. 2016) (any employer relying on this exception would be required to present facts and arguments that show a direct nexus between the virus and the WARN event, as opposed to an indirect one).
Their loophole is covid pandemic!!!! Right now due to covid they don’t need to adhere to WARN
It s—s but come on. Centene isn’t going to have a mass layoff announced in an investor call and not follow the law. They are adept at this as they now are big enough to do it annually-they basically can always follow WARN because of their constant M&A. The biggest b—s— is to take everyone who got cut through the annual review cycle. BUT it means that some people who were cut probably didn’t qualify for bonus payout because they didn’t meet expectations. Pretty sure that’s what that exercise was about. If you did well, and had the tenure then at least you got the bonus. Others assuredly weren’t so lucky.
I feel you, I just got that unexpected slap in the face by them this morning too. Had to chuckle to myself how much mgmt kinda talked up the company feeling they're doing a great job with these severance packages. It's like sure you are, y'all still have a job! This is the 2nd time this company has done me wrong in this sense of the rug pulled out from under me unexpectedly, so definitely steering clear of them for good!
People I know who got laid off are getting so many weeks of severance maybe that’s how
I believe you are correct re the WARN notice. Don't trust HR. The only way you will be certain is to consult with an employment attorney in your state. Pay what is needed for a consultation. Have the press notification or anything that you have on the 3,000 layoffs. Do this quickly. They are also a Federal and state contractor. While you can almost bet on their finding a loophole, it's your right–really your duty–to do this. It is money well spent.
I was laid-off, rehired, then laid-off again a few years later by Centene. The first time, our department was given a heads up and I was offered another project to work on for a few months before officially being let go. The second time, I was contacted and told that day was my last day. Severance package was provided. Hang in there!
I would tell your supervisor that you want to reach out to your area’s HR rep. There is likely a loophole as it seems that Centene is great at covering their @ss.