Home > Research Legal Advice > Employment / Labor > Can an employer have double standards with regards to warn act.
Asked 10 months ago - Angola, NY
FlagMy employer, the Canadian consulate, is closing my entire mission (80 staff). Under the warn act they have given us 90 days pay and a severance package after that 90 days. My question is, if they have sent 60 of the employees home on paid leave, and required 20 of us to continue working, can they legally refuse to pay us if we leave early, and are we entitled to extra compensation. Another question, if we leave because we got a job, can they dock our pay if they have not audited any of the 60 employees who are home on paid leave to see if they have obtained employment. I know that many have.
New York's WARN Act requires 90 days' notice, or pay in lieu of notice, to all employees affected by a mass layoff. The closing of your entire mission appears to qualify as a mass layoff. Therefore, you are entitled to be paid for the full 90 days whether or not you work during any portion of that time, and whether or not you find other employment. While many employers provide additional compensation to those employees who are asked to and do continue working, they are not required to do so. Severance pay beyond the 90 days is a different matter and depends on your employer's policy and the severance agreement you sign.
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