Legal Question in Employment Law in California

Does WARN Act notification apply when employee is retained, but demoted

I work for a company which was bought by another company. They are subject to WARN restrictions. Those that were laid off got 2 months severence.

I was not laid off. They made me an offer that came with the same pay, but a lower title and less vacation. When I asked for renegotiation, they told me that either I accepted the offer or I could quit, with no severence.

What are my legal rights here? If I chose not to accept their offer, do they have to offer me severence? And, if so, does the 60 days given by WARN start on the day I don't accept their offer or on the day when the offer was made?

Thank you very much


Asked on 1/06/03, 7:19 pm

1 Answer from Attorneys
Thomas Pavone Pavone & Cohen

Re: Does WARN Act notification apply when employee is retained, but demoted

The 60 days will begin with the date of the original notice. The fact that you have been retained after the notice and offered a continuing position does not require a new notice. If 60 days have passed between the original notice and your last day of work then they have complied with WARN. Severence is not required unless the period of notice is less than 60 days as required by WARN.

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Answered on 1/11/03, 4:05 am


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