2 ms·
Laid 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-tit
by shagie 4y ago
Laid 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.