I just got laid off today along with 42% of my company, which has over 100 employees. They didn’t follow the WARN act rules, and I think it’s because we’re almost all working remotely. This wasn’t a surprise since the company has talked about money issues.
The only office is in Toronto, but I’m in California. A lot of workers in the US got laid off too, definitely more than 50.
Is there any info on how the WARN act works for fully remote companies? I’d like to know more about exclusions related to unexpected layoffs or companies struggling.
It seems like there might not be enough workers in your area to qualify under state laws. But if you think there are, you can report it here in California. Just a heads up, it’s a long process. Make sure to include it in your unemployment claim.
If workers are scattered all over the US, then it’s a different story. The WARN act only applies when a group is in the same location reporting to one office. Not every state has the same rules.
Sammy said:
If workers are scattered all over the US, then it’s a different story. The WARN act only applies when a group is in the same location reporting to one office. Not every state has the same rules.
The WARN act is federal, and California has its own laws that offer even more protection.
@Noor
I think it’s best to focus on the federal rules. The problem might be the remote workers and how they fit into the total count for layoffs at a physical location. Remote workers are considered ‘outstationed,’ and there’s a chance that the DOL’s regulations could apply to remote employees taking direction from one corporate office.
@Nash
Just wanted to say thanks for bringing this up. I got really into the details. Are you looking for any free legal help in California for a potential case?
Noor said: @Nash
Just wanted to say thanks for bringing this up. I got really into the details. Are you looking for any free legal help in California for a potential case?
Of course, we’re all trying to figure things out. Do you know any resources? I talked to an employment lawyer but I can’t really afford much more help.
@Nash
Here are some resources I found. I hope this helps you out, good luck! If you can, keep us updated here.
Legal Aid at Work
• Services: They provide free legal help to low-income workers in California, including advice on wrongful termination and layoffs.
• Workers’ Rights Clinic: They offer confidential consultations on employment rights. You can make appointments by calling (415) 404-9093.
• Website: legalaidatwork.org
LawHelpCA
• Services: A detailed list of legal aid groups across California, covering many legal issues, including employment law.
• Website: lawhelpca.org
California Rural Legal Assistance (CRLA)
• Services: They offer free legal help to low-income folks in rural California, focusing on workers’ rights.
• Website: crla.org
Bet Tzedek Legal Services
• Services: They provide free legal help on employment rights, including wrongful termination and wage claims.
• Website: bettzedek.org
State Bar of California
• Services: They have resources for finding free or low-cost legal help, including a directory of legal aid organizations supported by the State Bar.
• Website: calbar.ca.gov
@Nash
Thanks for sharing that article. I’m going to read up on this because I’m not familiar with the ‘outstationed’ part. The case law mentioned is really useful to know too. I might come back with more questions, but thanks again.