Warn Act Pay

[Confused Person]

I work in NJ for a company that is having mass layoffs. It is a union job I work in. I was informed unofficially that some one bumed me from my position. Yesterday I received a letter in the mail and it states and I quote
"The layoffas at which you are employed will be effective on Sept 16, 2005 (the "notice" period). You will receive notice pay from July 18th thru Sept 16th. But in your case you are required to return to work from Aug 1st thru August 26th to train your replacement.
Ok so when I called the company they state since I am still employed with them (The company is closed for maintainence right now since June 26 thru Aug 1st and I am collecting unemployement) they stated they don't have to pay me warn pay until Aug 26th when they lay me off and at that point they only have to pay me 3 weeks. Does this sound correct?

 

[cbg]

Presumably during the period between August 1 and August 26, while you are working, you will be paid. You do not need to be receiving "notice pay" while you are working. You don't get both at once - you EITHER get wages OR notice pay.

So yes, it sounds right.

 

[Confused Person]

But do they have to pay me for the time from July 18th thru July 31st prior to my return to work. And then again from Aug 27th thru Sept 16th.
that is my question

 

[Some Random Guy]

You were warned at least 60 days in advance of the June 26 thru Aug 1st shutdown. You don't get to double dip unemployment and notice pay.

 

[Beth3]

I'm not so sure of that, Random Guy. It is the employer's obligation to provide 60 days advance notice or pay in lieu of notice. I seriously doubt an employee collecting UC benefits for any of that time fulfills the requirement for pay in lieu of notice.

You are correct that an individual cannot double-dip UC benefits and wages. If this poster should and does receive pay for that time, UC benefits would need to be repaid.

Confused Person, you may give the federal Department of Labor a call if you want the definitive answer on this and to report your employer if they are in violation of the WARN Act. 202-693-4650.

FYI - the unknown here is what your CBA says on this topic, if anything. In many instances, if the union and the employer have affirmatively negotiated something different than what the law requires, the provisions of the CBA are what govern the situation.

 

[Confused Person]

I did take your advice and called the Dept of Labor and they gave me even less of an answer than you did. They could not answer my question. The reasoning they gave me was that the letter I have states "Notice" period and does not specifically say "Warn Act". According to what this woman told me is they don't enforce companies to pay you that is a whole different department. I understand that I cannot collect UC and Notice Pay because that would be double dipping but how do I handle this now. I called the corparate office I work for and they told me I will be paid supposedly for the two weeks prior to Aug 1st and the 3 weeks after Aug 26th but they aren't really positive about that. So this Monday I'm supposed to apply for my benifits for unemployment for weeks ending the 16th and the 23rd. Do I file for both weeks since I have not been paid and not sure IF AND WHEN I will be paid. I mean this company is messing with my life. I can't send out bills on the pretense we might pay you. Who is going to pay for my bounced checks if they don't pay me. I have direct deposit with my bank and there is no money deposited this week and according to the letter they were going to start paying me from the 18th on and Friday is normal pay day and I have direct deposit.
What is the worse can happen, I have to pay UC back..Thats fine but I'm not trying to double dip intentionally..
The HR dept at my job has no feelings about this but that is human nature..
Sure they are collecting a paycheck so its not their problem.
Whats your take now?

 

[cbg]

My take is that if the Department of Labor doesn't know the answer to your question I sure don't.

 

[Confused Person]

Just an opinion wanted...Everyone has one...just curious what yours is.
I already know what I am going to do just asking what others would do