Thread regarding T-Mobile layoffs

There is a WARN notice for T-Mobile listed now on the WARN website. 401 employees on 8/24.

Direct from the feds d-mbarse.

"Because WARN provides for back pay and benefits for the period of the violation for 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."

In other words, by giving you 2 months warning and paying you to do nothing for those 2 months T mobile has met the requirement of the act. There's nothing to penalize them about."

Wrong again. The employer to the employee notification is wholly unrelated to the reporting requirements the company must make to the state. They have not legally done so yet. Wrong again.

Direct from the feds d-mbarse.

"Because WARN provides for back pay and benefits for the period of the violation for 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."

In other words, by giving you 2 months warning and paying you to do nothing for those 2 months T mobile has met the requirement of the act. There's nothing to penalize them about.

"T Mobile is supposed to send the notice to "ESDGPWorkforceInitiatives@ESD.WA.GOV" which is step 2 for following the WARN act. I went ahead and did it for them."

You can't do it for them. You don't know the specific details required including the exact number of employees in Washington state, the specific job titles, etc. Its also likely illegql for you to have even attempted to do so as you are not the employer. Wisen up.

"Tmobile doesn’t have to be part of the warm notice as long as it keeps employees on the books and pays them 60 days after notice of layoff.. they are 100% compliant by doing this."

That is incorrect. Notice must be given to the state as a separate reporting requirement regardless and unrelated to the requirement of notification to employees. Its in the US Code, you can look it up yourself. Next time educate yourself before posting and never speak with purported authority on anything you are unfamiliar with.

Tmobile doesn’t have to be part of the warm notice as long as it keeps employees on the books and pays them 60 days after notice of layoff.. they are 100% compliant by doing this.

So they have given official notice to specific employees already?

T Mobile is supposed to send the notice to "ESDGPWorkforceInitiatives@ESD.WA.GOV" which is step 2 for following the WARN act. I went ahead and did it for them.

Except that TMO forgot to notify WARN. They met the requirement for notifying employees.

https://esd.wa.gov/about-employees/WARN

The WARN system works exactly like that... The day people are told they are being laid off is the start of the 60 day notice. That's when it will show up (usually by EOD, at least for WA state) on the WARN site. You are then technically employed for 60 more days, even if your system access is restricted.

Wahh, complaints about following the legal requirements and then saying it is illegal don't carry water.

"I was a former employee of T-Mobile and was impacted by their layoffs. I noticed that T-Mobile made the effective layoff date 60 days in the future but notified the employees were notified immediately. T Mobile has been doing micro layoffs nearly every month and at least four major layoffs in the thousands since 2020 after the merger. When John Legere sat before you, he said that T-Mobile was going to be job positive from day one and that was a fact. Instead, T-Mobile has been laying off high tenured USA based employees in favor of offshore talent and H1B visa holders. During this whole time, T-Mobile hasn't once notified WARN about the layoffs despite it being covered in the media. I am sure they are simply trying to avoid paying higher premiums for their payroll tax and unemployment insurance. This is costing the tax payers money because they are getting away with doing constructive mass layoffs without reporting it or paying premiums. At the end of the day, T-Mobile is not a good corporate citizen and should not be treated as such. I am hoping that they can be held accountable as such." This is what I submitted to Patty Murray.

Anyone have a template for senators?

Who is cutting the checks for unemployment. That would be taxpayers. Who is getting around WARN by adding 60 days. TMO. Why is TMO doing this? Because if they register the layoff, they would be asked to pay a higher rate per pay check for current payroll. By doing this, taxpayers are paying for this behavior.

How is it "costing our taxpayers"?

From the Federal Guide for employees to the WARN act 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 is in violation of 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 for 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.

I notified my senators as this is constructive layoffs. T-Mobile should be paying a premium to L&I for doing layoffs for the last 3 years. In the end, it’s costing our tax payers. They have been doing micro layoffs every month.

The extra 60 days wasn’t out the goodness of Mike’s taint…

They are getting around it by giving those impacted 60 days of pay