Parker8294
Junior Member
I was recently demoted from a management position in a layoff that met the WARN ACT guidelines as listed below.
1. Where the employer has 100 or more employees; and
2. Where there is a permanent or temporary shutdown of a single site of employment or one of more facilities or operating units within a single employment site, if the shutdown results in an employment loss at single site for 50 or more employees during any 30-day period.
3. Mass layoff rules come into effect when either 33% of the employees (excluding part-time employees) will be affected and that portion of the workforce numbers more than 50 employees or 500 employees (not incluidng part-time empoyees) will be affected without regard to the percentage test
I was never given the option to meet with HR to discuss the fact that I had the choice to take a severance package or be demoted. I was just demoted. I was told to fill out a transfer form on myself and that was that. Come to find out that I should have been entitled to a meeting with HR as well as been given the option to leave without duress. Many fellow managers did leave after they went to HR and asked about getting a package but I thought that they were being offered both options. I spoke with a VP who stated that we all had a choice so I asked to meet with HR. I was never given that opportunity other than to ask if the calculation I was using was correct. I still don't know if it is the correct calculation because HR told me that they were told not to advise me on what that number would be. I then got a verbal guarantee agreement from the VP and asked him to put it in writing. Never happened. I sent an email to my superiors and to HR asking for something in writing. Again, no dice. Then I get a call stating that I had misunderstood the agreement and that I didn't have any other choices. I am extremely frustrated and am looking to find out what recourse I have, if any, for improper disclosure of the WARN ACT process and what is now a hostile work environment as I am stepping on everyone's toes trying to ensure that I get paid what I was promised or take the option of leaving if it's still available.
1. Where the employer has 100 or more employees; and
2. Where there is a permanent or temporary shutdown of a single site of employment or one of more facilities or operating units within a single employment site, if the shutdown results in an employment loss at single site for 50 or more employees during any 30-day period.
3. Mass layoff rules come into effect when either 33% of the employees (excluding part-time employees) will be affected and that portion of the workforce numbers more than 50 employees or 500 employees (not incluidng part-time empoyees) will be affected without regard to the percentage test
I was never given the option to meet with HR to discuss the fact that I had the choice to take a severance package or be demoted. I was just demoted. I was told to fill out a transfer form on myself and that was that. Come to find out that I should have been entitled to a meeting with HR as well as been given the option to leave without duress. Many fellow managers did leave after they went to HR and asked about getting a package but I thought that they were being offered both options. I spoke with a VP who stated that we all had a choice so I asked to meet with HR. I was never given that opportunity other than to ask if the calculation I was using was correct. I still don't know if it is the correct calculation because HR told me that they were told not to advise me on what that number would be. I then got a verbal guarantee agreement from the VP and asked him to put it in writing. Never happened. I sent an email to my superiors and to HR asking for something in writing. Again, no dice. Then I get a call stating that I had misunderstood the agreement and that I didn't have any other choices. I am extremely frustrated and am looking to find out what recourse I have, if any, for improper disclosure of the WARN ACT process and what is now a hostile work environment as I am stepping on everyone's toes trying to ensure that I get paid what I was promised or take the option of leaving if it's still available.
