4 ms·
You also have to remember that being "laid off" is different than "being fired," at least under the law. I'm not sure where the line is drawn for "mass layoff,"
by themadturk 4y ago
You also have to remember that being "laid off" is different than "being fired," at least under the law. I'm not sure where the line is drawn for "mass layoff," but these people aren't being fired for cause, or being let go individually at the whim of the employer (which is kind of what "at will" means for the employer).
- shagie 4y agoLaid off often means that the position is being eliminated. I will draw attention to https://www.govinfo.gov/content/pkg/CFR-2012-title20-vol3/pdf/CFR-2012-title20-vol3-part639.pdf https://www.govinfo.gov/content/pkg/CFR-2012-title20-vol3/pd... which defines a mass layoff: > (c) Mass layoff. (1) The term "mass layoff" means a reduction in force which first, is not the result of a plant closing, and second, results in an employment loss at the single site of employment during any 30-day period for: (i) At least 33 percent of the active employees excluding part-time employees, and (ii) At least 50 employees, excluding part-time employees. There is no difference of "for cause" or "not for cause" in the wording of the WARN act. There may be a difference in the contract (not removing a comic may be construed as "for cause") but if that employee was let go in the the frame of a reduction in force, they are likely covered by the WARN act too... of course, ask a lawyer. In particular, employers with a bit more pragmatic/cautious legal department will avoid firing people for cause in the 30 day window where a layoff happens to avoid the possibility that the fired employee falls into the same category as those who are covered by the WARN act.