For the expected mass layoff right when the deal closes (thousands expected at VMware) will laid off employees get 60 days paid through the WARN Act and THEN start severance? For example: If I’ve been at VMW for 4 years, I’d get 60 days + whatever the typical severance package is for a someone at my tenure (usually 2 months + 1 week per # of years). That’d be 60 days + ~3 months = 5 months total of leave. Or are there ways around the WARN Act, even for employees immediately laid off without notice?
This has been asked, and answered about a billion times already. You stay on payroll for sixty days then are laid off and get 2 months plus 1 week for each year severance.
That's way better than the Splunk plan from what I've heard
Correct. Yet the armchair lawyers on slack argue with anyone who states this. Which confuses everyone.
Warn act tells the companies to announce mass layoff 60 days in advance. Companies often choose to instead lay you off and pay you 60 days worth of salary so it effectively becomes 60 days warning. Everything else is up to the company - they can pay whatever they want, generally companies that are not in trouble will pay some severance.
Yes. 60 days on payroll and then the 2mo (plus 1wk/year) severance and 3 mo COBRA. Source: Betsy in company all hands and Kit in his OCTO all hands. Other employees have also received the same info from HR help ticket responses.
Is this application only for H1 folks or for all including US citizens?
It's for employees in the US. Has nothing to do with immigration status
What happens if you start a new job while on the 60 day WARN garden leave?
Does the WARN act has anything to do with which state you are in? I got laid off from Ping Identity and am only being offered 4 weeks. I have been with the company for almost 1.5 years.
Some states are stricter with what triggers a WARN act there. If your state doesn't then you'd follow the guidelines for the federal one. Google warn act for your state and also for federal. If the layoff wasn't significant then it wouldn't trigger the warn act. If it was significant and they didn't announce it and you didn't get 2 months severance then they'd be in violation.
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No, severance package is basically meant to compensate for the warn act. They occur simultaneously. You get let go immediately and they don’t violate the warn act because you’re still getting paid
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.
I just assumed that benefits continued during severance