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Can an employer have double standards with regards to warn act.

Angola, NY |

My 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.

Attorney Answers 2


  1. 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.

    The information provided above is for general purposes only. It does not constitute legal advice or create an attorney-client relationship.


  2. I am uncertain if the WARN act applies to a consulate, I would think you should have an attorney research that for you before taking any rash action.

    This answer does not constitute legal advice and you should contact an attorney to confirm or research further any statements made in this answer. Any statements of fact or law I have made in this answer pertain solely to New York State and should not be relied upon in any way in any other jurisdiction. Additionally, we also encourage you to reach out to us via Twitter (https://twitter.com/#!/WhiteRoseMarks) or Facebook (http://www.facebook.com/WhiteRoseMarks) if you have follow up questions as we do not monitor questions after providing an initial answer.

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