FYI, I was laid off from WD in California. They kicked us out of the building the day they told us. But we remained WD employees for 60 more days b/c of California law.
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See below their escape clause is that they were in the process of closing the Dot Hill acquisition (and another @ 3 months out that is yet to be officially announced.)
STX will spend @ 900Million in acquisitions this fiscal year, it's all about the company re-inventing/investing in other businesses. the core business had become a shell of itself. Spinning media's Grave has been dug, the corpse just has not fallen in yet.
Seagate is looking to diversify as they cannot survive the next 5 years relying on the hard disk as the profit bottom line, as that is a losing proposition.
http://www.edd.ca.gov/jobs_and_training/Layoff_Services_WARN.htm
An employer must give notice 60-days prior to a plant closing, layoff or relocation. In addition to the notifications required under federal WARN, notice must also be given to the Local Workforce Development Board, and the chief elected official of each city and county government within which the termination, relocation or mass layoff occurs. (California Labor Code Section 1401)
Notice of a relocation or termination is not required where, under multiple and specific conditions, the employer submits documents to the Department of Industrial Relations (DIR) and the DIR determines that the employer was actively seeking capital or business, and a WARN notice would have precluded the employer from obtaining the capital or business. (California Labor Code Section 1402.5) This exception does not apply to notice of a mass layoff as defined in California Labor Code Section 1400 (d).
(California Labor Code Section 1402.5 (d))
http://www.doleta.gov/programs/factsht/warn.htm
Mass Layoff: A covered employer must give notice if there is to be a mass layoff which does not result from a plant closing, but which will result in an employment loss at the employment site during any 30-day period for 500 or more employees, or for 50-499 employees if they make up at least 33% of the employer's active workforce. Again, this does not count employees who have worked less than 6 months in the last 12 months or employees who work an average of less than 20 hours a week for that employer. These latter groups, however, are entitled to notice (discussed later).
HERE is the loophole that they will claim : (2) unforeseeable business circumstances. This exception applies to closings and layoffs that are caused by business circumstances that were not reasonably foreseeable at the time notice would otherwise have been required; and
Notification Period
With three exceptions, notice must be timed to reach the required parties at least 60 days before a closing or layoff. When the individual employment separations for a closing or layoff occur on more than one day, the notices are due to the representative(s), State dislocated worker unit and local government at least 60 days before each separation. If the workers are not represented, each worker's notice is due at least 60 days before that worker's separation.
The exceptions to 60-day notice are:
(1) Faltering company. This exception, to be narrowly construed, covers situations where a company has sought new capital or business in order to stay open and where giving notice would ruin the opportunity to get the new capital or business, and applies only to plant closings;
(2) unforeseeable business circumstances. This exception applies to closings and layoffs that are caused by business circumstances that were not reasonably foreseeable at the time notice would otherwise have been required; and
(3) Natural disaster. This applies where a closing or layoff is the direct result of a natural disaster, such as a flood, earthquake, drought or storm.
If an employer provides less than 60 days advance notice of a closing or layoff and relies on one of these three exceptions, the employer bears the burden of proof that the conditions for the exception have been met. The employer also must give as much notice as is practicable. When the notices are given, they must include a brief statement of the reason for reducing the notice period in addition to the items required in notices.
I think they are in violation of the WARN act. Laid off employees only received 30 days notice in the severance packages. Does anyone have info about this?
i see no WARN filing and my "official" departure date is 30 days from now but i was walked out this morning
It looks like California's WARN act has different rules than the federal ones. From http://www.edd.ca.gov/Jobs_and_Training/Layoff_Services_WARN.htm:
Plant closing, layoff or relocation of 50 or more employees within a 30-day period regardless of percentage of work force. Relocation is defined as a move to a different location more than 100 miles away. (California Labor Code Section 1400 (c)and (d))
The California site hasn't been updated since 8/25.
From wikipedia, a company is exempt if:
"If 50 to 499 workers lose their jobs and that number is less than 33 percent of the employer’s total, active workforce at a single employment site;"
The only one I was able to find was one from January 2009 when roughly 50 folks were cut in Milpitas, Fremont and Scotts Valley --
http://www.edd.ca.gov/jobs_and_training/warn/eddwarncnds09.pdf