Yellow | WARN Act

Kennesaw Kid

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OK...many of you have asked....here it is....it is like the Bible...many read and come to their own conclusions....but it is what it is!....KK

Worker Adjustment and Retraining Notification Act - Wikipedia, the free encyclopedia

The WARN Act also is not activated when the following coverage thresholds are unmet:

*If a plant closing or a mass layoff results in fewer than 50 workers losing their jobs at a single employment site;

*If 50-499 workers lose their jobs and that number is less than 33 per cent of the employer’s total, active workforce at a single employment site;

*If a layoff is for 6 months or less; or

*If work hours are not reduced 50 per cent in each month of any 6-month period.

*There are three (3) exceptions to the full 60-day notice requirement, however, the notice must be provided as soon as practicable, even when these exceptions apply, and the employer must provide a statement of the reason for shortening the notice requirement in addition to fulfilling other notice information requirements. These three exceptions are:

1. Faltering company: When, before a plant closing, a company is actively seeking capital or business and reasonably, in good faith, believes that advance notice would preclude its ability to obtain such capital or business, and this new capital or business would allow the employer to avoid or postpone the shutdown for a reasonable period;

Unforeseeable business circumstances: When the closing or mass layoff is caused by business circumstances that were not reasonably foreseeable at the time that the 60-day notice would have been required (i.e. a business circumstance caused by some sudden, dramatic, and unexpected action(s) or condition(s) beyond the employer's control, such as a major order's unexpected cancellation); or ................................
 
I worked with an ex-CF guy at Roadway a few years ago who told me that the Teamsters used the Warn Act to recoup back wages and vacation pay after the CF shutdown.

I found a link to the settlement here:

Freight Division Newsletters

I guess it's something to think about if YRC pulls the plug suddenly.

I was with Preston when the plug was pulled. It took almost 18 months to get our due vacation pay & any due wages that were verified, but the BC struck down sick and personal days. We got 100% on vacations & due pay, that was all.
 
I worked with an ex-CF guy at Roadway a few years ago who told me that the Teamsters used the Warn Act to recoup back wages and vacation pay after the CF shutdown.

I found a link to the settlement here:

Freight Division Newsletters

I guess it's something to think about if YRC pulls the plug suddenly.

We were not even paid just what was owed to us, read the statement carefully, it states WARN money after Sept 3 2002 .....well thats impossible because CF closed Sept 2 2002 so the WARN claim resulted in $0. I was owed 4 weeks vacation @ 50 hours each plus 2 weeks pay @ 40 hours each plus 16 hours overtime, basically 280 hours straight time @ $19.90 plus 16 hours overtime @ $29.85 for a total of $6049....I was paid $2200 minus tax and netted $1600 and change. Most of the honest people admitted they got about the same with of course the few "select" people who got the max but could never prove it.

Dont rely on the WARN act....its a suckers bet at best.
 
We were not even paid just what was owed to us, read the statement carefully, it states WARN money after Sept 3 2002 .....well thats impossible because CF closed Sept 2 2002 so the WARN claim resulted in $0. I was owed 4 weeks vacation @ 50 hours each plus 2 weeks pay @ 40 hours each plus 16 hours overtime, basically 280 hours straight time @ $19.90 plus 16 hours overtime @ $29.85 for a total of $6049....I was paid $2200 minus tax and netted $1600 and change. Most of the honest people admitted they got about the same with of course the few "select" people who got the max but could never prove it.

Dont rely on the WARN act....its a suckers bet at best.

I agree. I luckily got hired by another company 1 week before the previous company closed their doors. I got paid in full. Everyone behind me got .30 on the dollar for what was owed.
 
Yeah.......... We @ CF got SCREWED.... they took the two weeks they owed us (because they paid us 2 weeks back) OFF the Warn Act. That was money we already WORKED for and was owed. They subtracted that from our % we got......If I remember right, we were all given a "set" amount then they subtracted our two weeks pay from that amount They double dipped.
 
Yeah.......... We @ CF got SCREWED.... they took the two weeks they owed us (because they paid us 2 weeks back) OFF the Warn Act. That was money we already WORKED for and was owed. They subtracted that from our % we got......If I remember right, we were all given a "set" amount then they subtracted our two weeks pay from that amount They double dipped.

Yes they did, and then the Union stepped in and started kicking ***.....oh no wait, they did not....funny but the Union forgot about us as quick as CF stopped making H&W payments. The Union even took a stab at us by only honoring medical bills, no dental or vision even though it had been paid IN FULL. Bottom line is dont dream about getting a dime if they file....
 
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