Section 1: Eligibility for WARN Act Pay and What It Means
If your job has been terminated at a company that employs 100 or more full-time workers, you qualify for payment under the Federal WARN Act. This act requires your employer to give a written notice 60 days before closing a plant or conducting a large-scale layoff. Essentially, the WARN Act pay is equivalent to two months’ salary.
The WARN Act is an acronym for the Worker Adjustment and Retraining Notification Act. This 60-day notice gives you and your family the chance to prepare and seek new employment if needed.
In the book “How To Engineer Your Layoff,” it’s explained that WARN Act pay is not the same as a severance package. The former is legally required, while the latter is optional and additional to the WARN Act pay.
Employers must offer two months of severance pay to those laid off; it’s not an act of kindness but a legal obligation.
There have been complaints from laid-off employees at companies like Twitter and Health IQ who claim they haven’t received their WARN Act pay.
Section 2: Understanding Unemployment Benefits
One advantage of being laid off from a sizable company is eligibility for WARN Act pay, severance, and unemployment benefits. If you resign, you won’t receive any of these. During severe economic strains, the Federal government may provide extended unemployment benefits, like during the global financial crisis, where up to 99 weeks were offered.
Severance packages become more precious during economic downfalls, while quitting without any compensation becomes riskier.
Some individuals are too proud to seek a layoff with severance. However, knowing that part of their income goes to unemployment insurance may change their perspective.
Section 3: When and Why to Apply for Unemployment Benefits
Upon being laid off with WARN Act pay, you typically can’t return to your workplace and will likely lose access to company systems. Despite this, you will continue receiving your regular pay for the following 60 days.
Many laid-off workers hesitate to file for unemployment benefits during this period, questioning the legality. However, it’s essential to apply immediately after layoff and not to wait until the WARN Act pay runs out.
Applying for unemployment benefits despite receiving WARN Act pay is vital because you’re officially unemployed. These benefits take time to process, and it’s wise to minimize any potential income gaps, especially if financially constrained.
Section 4: Your Rights and Best Case Scenarios
You are entitled to unemployment benefits, so don’t hesitate to file for them. Neither the government nor your former employer will penalize you.
The best-case scenario is to plan ahead and negotiate a severance package, get WARN Act pay, and receive maximum unemployment benefits. Even finding a new job right after a layoff doesn’t mean you have to give back your severance or WARN Act pay, though you must stop claiming unemployment benefits.
Section 5: Embracing the Opportunity of Layoff
Being prepared for a layoff can lead to financial and mental security. It may be a catalyst for positive change in your life.
It’s never advisable to quit your job without planning, as you’ll get no financial support. Being strategic and planning ahead is essential.
The author shares personal experience of negotiating a severance package in 2012, which allowed for pursuing entrepreneurial interests and starting a family.
The overall message is to understand your rights, seize opportunities, and strategically plan your career, keeping in mind that getting laid off might sometimes be a positive turning point.