We are being outsourced to India. We were told about it back in August I think and received an email that we would be receiving the 60 day notice at the appropriate time and given an approximate end date of Dec 11. We are not over a week past the time we

I think I gave the details above. I just want to be sure that we can hold them to the 60 day notice and either work up until that time when we finally receive this notice or they will have to pay us for the time. The outsourcing is not going well so I am not surprised they might want to keep us on but we are receiving no information about it either way. I want to know if they can just let us go on Dec 11 without the official notification they told us they would give us.

Thank you.

1 answer  |  asked Oct 22, 2015 12:41 AM [EST]  |  applies to California

Answers (1)

Marilynn Mika Spencer
The 60-day notice period is required by law. The federal Worker Adjustment and Retraining Notification Act, 29 U.S.C. §§ 2101 et seq. (WARN or WARN Act) requires certain employers to give workers advance notice if they will lose their jobs through company or department closure, or mass layoffs. This is to provide the employees with time to seek other employment or retraining.

Sometimes, an employer provides this notice even when it has not yet decided there will be a layoff. This is because the employer wants to make sure it complies with the WARN Act because it faces steep penalties if it does not comply. Without reading the notice you received in August, I cannot even guess if it complied with the WARN Act requirements, which it may have done even though it said you would receive notice in the future.

At times, large layoffs or plant closing do not comply with the law. The first workers’ rights law organization to help employees in this situation was the Sugar Law Center, an affiliate of the National Lawyers Guild. The Sugar Law Center provides quality information and selected representation to employees facing a mass layoff or plant closing. You can contact the Sugar Law Center here: http://www.sugarlaw.org/get-help/.

The U.S. Department of Labor has a Guide for Workers on the WARN Act. The Guide and contact information for Department of Labor officials are available at http://www.doleta.gov/layoff/warn.cfm. Another good summary is here: http://www.dol.gov/compliance/laws/comp-warn.htm.

posted by Marilynn Mika Spencer  |  Oct 23, 2015 04:23 AM [EST]

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