Does WARN act apply when contract ends?

When a contract ends (company you are working for does layoffs and lets go of the Syneos reps), does the WARN 60 notice apply to the Syneos people? This is my first contract job, and I thought that since we are Syneos employees if a contract ends we aren’t technically let go, so wasn’t sure if we get the 60 days of pay or not.

 

2 weeks notice is about it.

 

Nope. 2 weeks usually and you are not working or in the field. You close out everything like turn in car, send back equipment and you are officially laid off. Start collecting unemployment and then start reapplying to jobs. Stay on top of your Syneos recruiter. They are not working for you behind the scenes to get you a new job like they make it seem.

 

warn act triggers with mass layoff or downsizing. Not a contractual expiration

 

I've worked a 4 contracts... 3 with syneos and 1 with iqvia. All have been with large parent companies and Everytime when the contract ended I was paid for atleast a month after the layoff date.

Iqvia actually paid me for almost 3 months after the contract was terminated. Not saying people don't get done dirty when a contract is terminated I'm just saying in my experience it's not always terrible.

 

PART 639—WORKER ADJUSTMENT AND RETRAINING NOTIFICATION
A
§ 639.1 Purpose and scope.
(a) Purpose of WARN. The Worker Adjustment and Retraining Notification Act (WARN or the Act) provides protection to workers, their families and communities by requiring employers to provide notification 60 calendar days in advance of plant closings and mass layoffs. Advance notice provides workers and their families some transition time to adjust to the prospective loss of employment, to seek and obtain alternative jobs and, if necessary, to enter skill training or retraining that will allow these workers to successfully compete in the job market. WARN also provides for notice to State dislocated worker units so that dislocated worker assistance can be promptly provided.

(b) Scope of these regulations. These regulations establish basic definitions and rules for giving notice, implementing the provisions of WARN. The Department's objective is to establish clear principles and broad guidelines which can be applied in specific circumstances. However, the Department recognizes that Federal rulemaking cannot address the multitude of industry and company-specific situations in which advance notice will be given.

(c) Notice encouraged where not required. Section 7 of the Act states:

It is the sense of Congress that an employer who is not required to comply with the notice requirements of section 3 should, to the extent possible, provide notice to its employees about a proposal to close a plant or permanently reduce its workforce.

(d) WARN enforcement. Enforcement of WARN will be through the courts, as provided in section 5 of the statute. Employees, their representatives and units of local government may initiate civil actions against employers believed to be in violation of § 3 of the Act. The Department of Labor has no legal standing in any enforcement action and, therefore, will not be in a position to issue advisory opinions of specific cases. The Department will provide assistance in understanding these regulations and may revise them from time to time as may be necessary.

(e) Notice in ambiguous situations. It is civically desirable and it would appear to be good business practice for an employer to provide advance notice to its workers or unions, local government and the State when terminating a significant number of employees. In practical terms, there are some questions and ambiguities of interpretation inherent in the application of WARN to business practices in the market economy that cannot be addressed in these regulations. It is therefore prudent for employers to weigh the desirability of advance notice against the possibility of expensive and time-consuming litigation to resolve disputes where notice has not been given. The Department encourages employers to give notice in all circumstances.

(f) Coordination with job placement and retraining programs. The Department, through these regulations and through the Trade Adjustment Assistance Program (TAA) and Economic Dislocation and Worker Adjustment Assistance Act (EDWAA) regulations, encourages maximum coordination of the actions and activities of these programs to assure that the negative impact of dislocation on workers is lessened to the extent possible. By providing for notice to the State dislocated worker unit, WARN notice begins the process of assisting workers who will be dislocated.

(g) WARN not to supersede other laws and contracts. The provisions of WARN do not supersede any laws or collective bargaining agreements that provide for additional notice or additional rights and remedies. If such law or agreement provides for a longer notice period, WARN notice shall run concurrently with that additional notice period. Collective bargaining agreements may be used to clarify or amplify the terms and conditions of WARN, but may not reduce WARN rights.

§ 639.2 What does WARN require?
WARN requires employers who are planning a plant closing or a mass layoff to give affected employees at least 60 days' notice of such an employment action. While the 60-day period is the minimum for advance notice, this provision is not intended to discourage employers from voluntarily providing longer periods of advance notice. Not all plant closings and layoffs are subject to the Act, and certain employment thresholds must be reached before the Act applies. WARN sets out specific exemptions, and provides for a reduction in the notification period in particular circumstances. Damages and civil penalties can be assessed against employers who violate the Act.

§ 639.3 Definitions.
(a) Employer.

(1) The term “employer” means any business enterprise that employs—

(i) 100 or more employees, excluding part-time employees; or

(ii) 100 or more employees, including part-time employees, who in the aggregate work at least 4,000 hours per week, exclusive of hours of overtime.

 

the WARN stuff doesn't really apply to you. That's why these companies hire contract in the first place, because they can let us go at the drop of a hat.

But with that being said, I've never been paid less than a month After a layoff. First contract was 2 months, second was 5 weeks, third was 5 weeks.

 

Aren’t you special!

 

This is exactly what happens and has happened with Syneos. I have been thru it several times. If it is a mass layoff where an entire contract ends then Syneos will try to put the team onto another contract if there is one. But it is not a guarantee.

I have been on one with Syneos where only a % were laid off from the contract. In that case, the two weeks still applies and you have to search, apply and interview to another contract. You are not automatically placed.