Warn Act Pay counted toward weeks of Severance Pay

A large group of employees were recently let go under the WARN Act, given the 60 days notice and pay. I always thought that this was separate from Severance pay. The employer stated that Severance was based on one week of pay per year of service. Then they subtracted the 8 weeks of WARN act pay from that number. So if you worked 12 years you got 4 weeks severance, 20 years you got 12 weeks of pay Everything I read indicates that WARN Act is not severance pay. Employees feel they were shortchanged. Can they count WARN Act pay and subtract the 8 weeks from years of service pay that they indicate severance is based on?

1 answer  |  asked Dec 3, 2010 01:25 AM [EST]  |  applies to California

Answers (1)

George Allen
Here's the WARN act language:

§ 2105. Procedures in addition to other rights of employees


The rights and remedies provided to employees by this chapter are in addition to, and not in lieu of, any other contractual or statutory rights and remedies of the employees, and are not intended to alter or affect such rights and remedies, except that the period of notification required by this chapter shall run concurrently with any period of notification required by contract or by any other statute.

posted by George Allen  |  Dec 3, 2010 10:28 AM [EST]

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