Hi, I was informed my store's location will close in 2 weeks in NY state. I have been told i was suppose to be given at least 60 days notice. I also have a written document from HR that the store would be open thru 2019. What legal options do I have to co
Hi, I was informed my store's location will close in 2 weeks in NY state. I have been told i was suppose to be given at least 60 days notice. I also have a written document from HR that the store would be open thru 2019. What legal options do I have to collect severance
1 answer | asked Jan 10, 2019 08:05 AM [EST] | applies to New York
Answers (1)
Both federal and New York state law require that certain employers give employees advance notice of a large-scale layoff. The NY Worker Adjustment and Retraining Notification (NY WARN) Act is more protective than the federal law. NY WARN covers more private employers and has a lower numerical threshold.
NY WARN applies to private businesses with at least 50 or more full-time workers in New York State. If 25 or more full-time employees will lose their jobs when the store closes, NY WARN may apply.
If NY WARN applies, employees are entitled to 90-days advance notice. The notice must provide specific information about the impending layoffs, including whether they are expected to be temporary or permanent and the expected date the layoffs will begin.
Employees who don’t receive the required notice are entitled to damages.
If you believe your employer in in violation of NY WARN, you should discuss your situation with an experienced employment attorney right away.
This response is not legal advice, but is general information only, based upon the information stated in the question and general legal principles. It is provided for general educational purposes of the public who may have similar questions, not for any specific individual or circumstance. It is not intended to create an attorney-client relationship. Legal issues depend on all the specific facts of a situation, which are not present here. If you would like to obtain specific legal advice about your issue, you must contact a local attorney who is licensed to practice law in your state.
posted by Charles Joseph | Jan 10, 2019 09:30 AM [EST]
NY WARN applies to private businesses with at least 50 or more full-time workers in New York State. If 25 or more full-time employees will lose their jobs when the store closes, NY WARN may apply.
If NY WARN applies, employees are entitled to 90-days advance notice. The notice must provide specific information about the impending layoffs, including whether they are expected to be temporary or permanent and the expected date the layoffs will begin.
Employees who don’t receive the required notice are entitled to damages.
If you believe your employer in in violation of NY WARN, you should discuss your situation with an experienced employment attorney right away.
This response is not legal advice, but is general information only, based upon the information stated in the question and general legal principles. It is provided for general educational purposes of the public who may have similar questions, not for any specific individual or circumstance. It is not intended to create an attorney-client relationship. Legal issues depend on all the specific facts of a situation, which are not present here. If you would like to obtain specific legal advice about your issue, you must contact a local attorney who is licensed to practice law in your state.
posted by Charles Joseph | Jan 10, 2019 09:30 AM [EST]
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