WARN ACT - LOST almost $100,000 and didn't know it.

[Parker8294]

I asked you a specific question, for a specific purpose. If you don't want to answer it, it's no skin off my nose. But I can't answer your question without knowing where you are coming from on this.

You don't seem to have an answer regardless of state. So, was that really relevant? How are you a HR consultant that doesn't know anything about a federally mandated employment law? I am not being snide or rude, I am completely serious. How do you advise the law if you aren't farmiliar with something as significant as the WARN ACT?

 

[moburkes]

You don't seem to have an answer regardless of state. So, was that really relevant? How are you a HR consultant that doesn't know anything about a federally mandated employment law? I am not being snide or rude, I am completely serious. How do you advise the law if you aren't farmiliar with something as significant as the WARN ACT?

Are you actually suggesting that this is such a commonplace question that she is required to know the anwer?

I have been in my professional for a LONG TIME, and there are some situations that I can't begin to try to answer their question - because I've never experienced it before, never been asked it before, etc.

I can't imagine that you actually came back here just to be rude.

 

[cbg]

I am quite familiar with the WARN Act. I am also completely aware that some states have their own version of it.

I have a reason for the questions I ask. I'm not just doing it to hear myself talk, figuratively speaking. if you choose not to answer them, that is your right. But in that case, you won't get an answer. From me, anyway.

 

[mlane58]

You don't seem to have an answer regardless of state. So, was that really relevant? How are you a HR consultant that doesn't know anything about a federally mandated employment law? I am not being snide or rude, I am completely serious. How do you advise the law if you aren't farmiliar with something as significant as the WARN ACT?

cbg is more than familar as am I with the WARN Act, but you are not answering her questions and they are very relevent. As she stated some states have their own version of WARN and to properly aswer you, you need to provide answers to her questions.

 

[seniorjudge]

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.

parker didn't want an answer.

He just wanted to bark.

So woof!

 

[Parker8294]

Woof

I was not looking to bark at all. I was looking for an answer which I have since found. If any of you were so farmiliar with the law in question you would have responded with an actual answer. We figured out after the first thread that we had not identified the state and corrected it. That being said, the other 17 posts were a complete waste of space and time. Not one person actually attemted to answer the question or give direction outside of "search the internet" or "call a lawyer." That's what is ws in essence doing here. I was seeing if my case would have merit. If you don't know the answer, how the heck would I find it? If someone came to me and asked a question that related to the core of my profession and I didn't know the answer, I would be ashamed. Truth be told, I would probably be fired. Is that illegal? Can you be fired for not knowing how to do your job? If so then you all should watch out. I have read over 100 posts since my original post to see if I was a one off case. I am not. I found great advice being given on 6 cases. Great job! You have a 6% success ratio. I have done mass mailers with a better success rate. In the end I paid the $750 to a real lawyer. The company realized that we were going to file with the federal court in our state. The company agreed to not only give me the $100,000 for my 4 months, but also another 4 months. Grand total $200,000. Why so much, you ask. BEACAUSE I KNOW THE ANSWERS TO QUESTIONS ABOUT MY PROFESSION.

 

[moburkes]

I was not looking to bark at all. I was looking for an answer which I have since found. If any of you were so farmiliar with the law in question you would have responded with an actual answer. We figured out after the first thread that we had not identified the state and corrected it. That being said, the other 17 posts were a complete waste of space and time. Not one person actually attemted to answer the question or give direction outside of "search the internet" or "call a lawyer." That's what is ws in essence doing here. I was seeing if my case would have merit. If you don't know the answer, how the heck would I find it? If someone came to me and asked a question that related to the core of my profession and I didn't know the answer, I would be ashamed. Truth be told, I would probably be fired. Is that illegal? Can you be fired for not knowing how to do your job? If so then you all should watch out. I have read over 100 posts since my original post to see if I was a one off case. I am not. I found great advice being given on 6 cases. Great job! You have a 6% success ratio. I have done mass mailers with a better success rate. In the end I paid the $750 to a real lawyer. The company realized that we were going to file with the federal court in our state. The company agreed to not only give me the $100,000 for my 4 months, but also another 4 months. Grand total $200,000. Why so much, you ask. BEACAUSE I KNOW THE ANSWERS TO QUESTIONS ABOUT MY PROFESSION.

Good for you. I know that if I asked my ob/gyn about my aunt's diabetes, he wouldn't have a clue. I know that if I asked my daughter's pediatrician about her disease, she'd refer me to the endocrinologist, because she wouldn't know the answer. If I asked my dad's endocrinologist about his prostate cancer, he'd likely refer me to the urologist.

Smartass. I suppose every single one of those docs should give up their licenses.

You're a freaking idiot and I'm glad you had to pay for your advice.

And, on behalf of the 2 nappy headed hoes: WOOF! WOOF!

 

[las365]

In the end I paid the $750 to a real lawyer. The company realized that we were going to file with the federal court in our state. The company agreed to not only give me the $100,000 for my 4 months, but also another 4 months. Grand total $200,000.

Well, that's what I said you should do and it worked out great, so I'm going to take credit for giving you good advice. Whether you thought so or not!