The WARN Act and being laid off

If you were laid off, you must learn about the WARN Act
Search for postings on this site or search for articles as follows: "WARN ACT" and Illinois (or whatever your state)
The WARN Act is a Federal law that indicates that, under certain circumstances, the employer must give you 60 days written notice before a layoff (and pay you for those 60 days, in addition to any severance). In some cases, employers don't comply with the WARN act.
In other cases, the employer sequences the layoff to avoid complying with the WARN act.

Since the WARN Act is enforced by the Federal Department of Labor, search WARN and DOL.
Most states also have a WARN act, and that is why you should also check with your state agency that enforces the WARN ACT. If your employer failed to report layoff metrics to the state office, the state office will order the employer to do so

Hang in there.

Comment! It's anonymous!

14 replies (most recent on top)

Is the WARN Act by state? Is that how they are getting away with it? I have been working overtime for the last year, at least, even worked it this last week! I never saw this coming.

The WARN act does not require a company to report anytime layoffs are done in a state, only if the exceed a certain threshold. And yes, Optum is aware and ensures they do not violate this requirement by completing their RIFs in waves. This is the reason that some layoffs were delayed from April 20 until May 4 to stay in compliance. Human Capital looks for these issues when determining a notification & end date.

@1isd+1mmgGsFM

how would u benefit from not signing it? You'll be missing out on a lot of money no?

Thanks everyone for sharing. How many weeks of pay are being offered for severance? Is it consistent with the written severance policy on Sparq?

You are all very funny and naive. Optum just became a monster by buying chc and the doj did not stop them. Do you really think they are about this warn act? They are too big and have plenty of cash to survive and get away with things scott free

I would rather eat red beans and ramen noodles daily than sign the severance package I was offered. Not gonna happen.

The OP sounds like they genuinely cared about their staff and fellow humans. I may have just changed my opinion on them. If I was a betting person, which I am, I know who wrote this, and I am impressed.

If I had to guess, they get around the notification requirements, because they're not technically laying people off. That would suggest they are being put into a holding pattern, with the possibility of being called back to work. They are instead eliminating the positions, and thus terminating the employment of those who happen to occupy them.

Florida
https://floridajobs.org/office-directory/division-of-workforce-services/workforce-programs/reemployment-and-emergency-assistance-coordination-team-react/warn-notices

It doesn't look like this company reported any WARN metrics to Florida either. Florida employees, you need to report these apparent violations of the law

It doesn't look like our company submitted any WARN metrics to the New York office, and we know people in New York were laid off. Please notify the New York WARN office so they can required the employer to comply with WARN reporting requirements.

https://dol.ny.gov/warn-notices

https://www.twc.texas.gov/businesses/worker-adjustment-and-retraining-notification-warn-notices
WARN Notices
2023
It doesn't look like this company submitted any WARN metrics to the Texas office, and we know people in Texas were laid off. Texas employees, please respond this to this state office

Minnesota people
https://www.cbsnews.com/minnesota/news/what-are-your-rights-if-youre-laid-off/

Thank you for keeping folks informed. This org has managed to methodically carrying out RIFs by waves to work around the laws and avoiding press. Furthermore, if you are given a severance package, you must sign a waiver - promise not to suit. Furthermore, $ buys legislators loyalty. As it is evidence in case of CHC acquisition - a single judge can veto DOJ recommendation on anti trust.
Recommendation? Stay and wait for your turn to be RIFed or be proactive move on.. that’s the reality.. leopard can’t change its spot..

According to the Illinois WARN Agency, this employer did not report any layoffs. If you know people were laid off in Illinois, please report this to the Illinois agency so they can instruct the employer to comply with the law.

https://dceo.illinois.gov/workforcedevelopment/warn.html#:~:text=Illinois%20WARN%20defines%20notice%2Dtriggering,plant%20closures%20or%20mass%20layoffs.

Thread regarding Optum layoffs

The WARN Act and being laid off

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