QUESTION

if you were laid off under the WARN act can you opt to instead be immediately laid off?

Asked on Feb 13th, 2013 on Employment Contracts - New York
More details to this question:
I was giving a 60 day notice under the WARN act, however can I opt out and just be laid off immediately. They stated in a resource guide that we can put in two weeks notice and still receive severance benefits. However, it also states we would have to stay until our separation date to receive unemployment. Can i therefore send in a two weeks notice stating that I am not looking to resign, but instead looking to move my separation date to an earlier date? Please advise.
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1 ANSWER

Litigation Attorney serving Greenwich, CT
Partner at Hilary B. Miller
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WARN does not give you any substantive rights to severance benefits. If your employer has offered you the option to receive severance, you must comply with your employer's terms.
Answered on Feb 14th, 2013 at 9:46 AM

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