Attorneys out there: how does the federal WARN Act apply in a situation like the impending layoff? Why didn't CCI give 60-days' warning... or is there some kind of legal loophole they can wiggle out of it with?
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What if my employer pays me for the 60 days instead of sending me a WARN notice?
WARN requires 60 calendar days' written notice. The law makes no provision for any alternative such as pay in place of a notice. While an employer who pays workers for 60 calendar days instead of giving them proper notice technically has violated WARN, the provision of pay and benefits in place of a notice is a possible option. Because WARN provides for back pay and benefits for the period of the violation, up to 60 days, generally this approach by an employer—pay in place of notice—means that the employer has already met the penalty specified in the Act, if the payment is not required to be made. WARN allows voluntary payments of wages and benefits to be offset against any damages that might be awarded. If, however, a payment is required by another law, contract or company policy or practice, it may not be offset against WARN damages.
It's covered in the FAQ on the Department of Labor site. Basically WARN is intended to prevent a surprise loss of income, a severance covers the same thing... Rather than 60 days notice they give you 60 days of pay.
From the website...
Can my employer provide a severance package instead of notice?
It is possible for an employer to provide a severance package instead of notice in two situations. First, the severance package may be conditioned on waiving any claims under WARN. The conditions for waiver are discussed in the next question. Secondly, the severance package may offset WARN, this effectively providing pay in lieu of notice.
They didn’t issue a WARN notice last time (in 2020) either. IANAL but I think they use the loop hole of offering more than 60 days of severance… but this time there are office closures so at least those should have triggered WARN.
What state are you in?