I was laid off today in a mass layoff of 42% of the company, and yes, the company has over 100 employees. They aren’t following the WARN Act policies and I think it might be because they’re almost fully remote. This wasn’t a surprise; the company has been open about funding issues, so I’m not sure if that exclusion applies. The only office is in Toronto, but I’m in California. The layoffs impacted a lot of workers across the US, definitely more than 50. How does the WARN Act apply to remote companies? Are there any insights on the unforeseen or faltering company exclusions?
Wow, that sounds rough. I’ve heard that remote workers can still be counted under WARN if they report to a central office. Anyone else know more about that?
Skyler said:
Wow, that sounds rough. I’ve heard that remote workers can still be counted under WARN if they report to a central office. Anyone else know more about that?
Yeah, I think it’s about where your work is assigned. I read something about remote workers being considered ‘outstationed’.
Skyler said:
Wow, that sounds rough. I’ve heard that remote workers can still be counted under WARN if they report to a central office. Anyone else know more about that?
So does that mean if you report to the office in Toronto, you could still be part of the WARN Act protections?
I think the company might try to use the unforeseen circumstances excuse, especially if they’ve been struggling. Did they give you any notice?
Jessie said:
I think the company might try to use the unforeseen circumstances excuse, especially if they’ve been struggling. Did they give you any notice?
No notice at all… just a sudden email. It feels super unfair.
Jessie said:
I think the company might try to use the unforeseen circumstances excuse, especially if they’ve been struggling. Did they give you any notice?
That’s not cool. If they knew it was coming, they should have informed you. Have you looked into filing a complaint?
If they laid off more than 50 people, then they might be in trouble for not following WARN. What state are you in?
Paris said:
If they laid off more than 50 people, then they might be in trouble for not following WARN. What state are you in?
I’m in California. I’ve been told there are even stricter laws here.
Paris said:
If they laid off more than 50 people, then they might be in trouble for not following WARN. What state are you in?
Yeah, CA has its own WARN Act that requires more notice. Definitely worth checking into!
I think the whole remote thing makes it tricky. I’d recommend getting some legal advice if you can.
Timber said:
I think the whole remote thing makes it tricky. I’d recommend getting some legal advice if you can.
Good idea! I’ll look up some lawyers who specialize in this. Thanks for the tip!
Timber said:
I think the whole remote thing makes it tricky. I’d recommend getting some legal advice if you can.
For sure! Legal Aid at Work is a great resource in CA. They might help you out.
Sorry to hear about your layoff. Have you reached out to your colleagues to see if they got any notice?
Ollie said:
Sorry to hear about your layoff. Have you reached out to your colleagues to see if they got any notice?
Yeah, some of them were in the same boat. No one got a heads-up.
Ollie said:
Sorry to hear about your layoff. Have you reached out to your colleagues to see if they got any notice?
That’s really frustrating. I hope you can get the support you need.