Does WARN Act apply?
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Does WARN Act apply?
I was recently laid off 1/24 and given a later separation date 2/21 during which time I would receive an additional month pay and severance package there after. The company laid off 7 of staff across officers equaling 800 people approximately 100 from my organization practice arm. Public announcements and news coverage of this lay-off so this was made public. I assume the later separation/additional month is to give notice but curious if the 60 day WARN act should be applied here as an employee in IL/Chicago and if I’m owed an additional 30 days of pay.
Asked on February 5, 2019 under Employment Labor Law, Illinois
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 2 years ago | Contributor
If they did not close an entire business unit and/or the layoff was not of at least one-third of their total staff, then the WARN Act would not apply. The Warn Act is meant to apply to concentrated layoffs (e.g. of single plant or location) or where at least one in three employees are being let go.
If the above criteria were met, however, then the WARN Act would apply and ou would be entilted to the extra month's pay.
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