WARN Act answer from Friday MCS call

I'll save the recap of what we all heard on the call yesterday (2/20) as it relates to the change in story from HR. READ THIS! Page 34 of the document (it'll say page 39 of 50 if in Adobe). Bottom of the page about whether an employer must pay the employee for the 60 days IF an employee finds another job during those 60 days.

http://www.doleta.gov/layoff/pdf/EmployerWARN09_2003.pdf

Stay stong and BE READY!

 

Could you provide some more info/guidance on what was talked about here?

This is in direct conflict with the message posted in the FAQs on 1/9. "If other employment is obtained after an employee has been given formal notification, an employee should seek to delay the starting date until after the termination date. If this is not possible, the severance benefits will not be forfeited however the employee should contact his/her manage and HR Business Lead to discuss the situation."

 

I think we should realize that money paid out during the 60 day period (WARN period) is NOT considered the SEVERANCE. As I read it and begin to understand some of HR's double speak, misdirection and things NOT said the severance won't be in jeopardy if you take a job during the 60 days and notify the company (GSK). What they will do is stop the remaining money being paid to you for the (remaining) 60 day period! (They might even take all of the 60 day money)

"Hmmmm, I just got a job and its March 23. Should I call GSK to let them know? HAAAAAAAAAAAAAA!"

Oh shewer!

 

They will pay it out. Many states have a right to work law and they can't hold you back from taking a job.

 

It's a legality. They will pay you during the full 60 day warn period even if you start another job. They need to get you off of the company liability though, in case you have an accident, kill somebody, or commit an offense while working for the new company. You become the new company's liability.

 

After reading that link I don't think they have to pay you IF you tell then you've got a new job during the 60 days

 

That's exactly how I read it! If you understand/interpret that page in the document like I did AND you remember WHAT and HOW HR has said around the 60 days, waiting to start a new job, calling GSK etc, etc then you see their angle.

Call GSK to tell them at your own peril!

They don't have a legal leg to stand on.