Do you know where I can find more info?
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Do you think you will be laid off by your employer? Please read this
If you were part of a layoff or you anticipate being part of a layoff, please learn about the Worker Adjustment and Retraining Notification Act (WARN)
This Federal law indicates that your employer must give you 60 days written notice before the layoff , and your employer must pay you for those 60 days.
For example, let's say you are eligible for 4 months severance pay, your employer must pay you for 60 days, as part of WARN, and then your severance pay starts, which means you will be paid for 6 months, not four months.
Since WARN is a Federal law, it applies to everyone, regardless of where you live
Will your employer give you the WARN notice, and pay you for those 60 days? Not necessarily. Since you probably don't know about this law, you can't complain about what you don't know about.
Your employer can try to manipulate the facts to avoid giving you the 60 days notice, and avoid paying you for those 60 days. For example, your employer might layoff people in groups to qualify for a loophole in the law dealing with the number of people being laid off at one time.
https://www.doleta.gov/programs/factsht/warn.htm
Please review this document to learn how your employer can be penalized if they don't provide 60 days notice before a layoff and don't pay you for those 60 days.
https://webapps.dol.gov/elaws/eta/warn/faqs.asp
Certain states have their own WARN law. Why should you care about this? In some cases, your State's WARN law protects you more than the Federal law. To determine whether your state has a WARN law, please type WARN Minnesota in any search engine (replace Minnesota with your state)
You can learn more about the Minnesota-specific WARN law here
https://minnesotaemployer.com/2011/10/17/minnesotas-mini-warn-act/
We don't recommend you discuss WARN with you manager or human resources representatives.
If your employer does not provide you 60 days notice before a layoff, and does not pay you for those 60 days, file a complaint with the Federal Department of Labor (DOL) and / or your State agency that enforces WARN
If you were laid off because you are older than your co-workers, it's time to educate yourself about age discrimination
Federal Equal Employment Opportunity Commission (EEOC) info on age discrimination
https://www.eeoc.gov/laws/types/age.cfm
https://www.eeoc.gov/eeoc/publications/age.cfm
https://www.eeoc.gov/laws/statutes/adea.cfm
If you live in these states, please learn about the WARN Act
Your employer must give you sixty days written notice before they eliminate your job (and pay you for those sixty days). This is in addition to any severance package you may be entitled to
Colorado Worker Adjustment & Retraining Notification
https://www.colorado.gov/pacific/cdle/warn
Maryland
https://www.dllr.state.md.us/employment/warn.shtml
New Jersey
https://www.nj.gov/labor/lwdhome/warn/njwarn.html
New Mexico
https://www.dws.state.nm.us/Business/Business-Information/Rapid-Response-WARN-Act
Ohio
http://jfs.ohio.gov/warn/index.stm
Oregon
https://www.oregon.gov/highered/institutions-programs/workforce/Pages/warn.aspx
Pennsylvania
https://www.dli.pa.gov/Individuals/Workforce-Development/warn/Pages/default.aspx
Florida Worker Adjustment and Retraining Notification (WARN) Act
http://www.floridajobs.org/office-directory/division-of-workforce-services/workforce-programs/worker-adjustment-and-retraining-notification-(warn)-act
These employers filed a notice with the State of Texas about a layoff
Please check to determine whether your employer filed a WARN notice
if not, please contact this Texas office
Texas Workforce Commission
Attn: Layoff/WARN
101 E 15th St, Rm 440T
Austin, TX 78778-0001
warnletter.central@twc.state.tx.us
https://twc.texas.gov/businesses/worker-adjustment-and-retraining-notification-warn-notices#warnNotices
https://www.doleta.gov/layoff/pdf/WorkerWARN2003.pdf
If your employer did not notify the State of Texas about a layoff, report them to the Texas Workforce Commission
https://www.google.com/url?sa=t&rct=j&q=&esrc=s&source=web&cd=2&ved=2ahUKEwiA3oarwNzhAhWqY98KHRaMCm4QFjABegQIAxAC&url=https%3A%2F%2Ftwc.texas.gov%2Ffiles%2Fnews%2Fwarn-act-listings-2018.xlsx&usg=AOvVaw1HjnuL_HNPfSNxzCF1us8Q
Try two info sources on layoffs and workforce at Texas:
- https://twc.texas.gov/news/efte/final_pay_severance_benefits.html
- https://www.nolo.com/legal-encyclopedia/texas-notice-requirements-layoffs.html
Post more questions if you have them
#WARN #WARNNOTICE