Legal Question in Employment Law in Florida

Re: severance pay out

First, there is no severance requirement. That is entirely up to the employer.

Second, the WARN act requires 60 days of notice if: (1) there is a plant closing; or (2) there is a mass layoff at a single employment site of at least 33% of the employees and no less than 50 employees, or 500 employees, in any 30 day period.

For example, if 20 people are laid off on July 10, and then 30 on July 11, that would be 50 in a 30 day period. If those 50 equal at least 33% of the workforce at the single employment site, then 60 days of notice is required prior to the layoff.

If the numbers at your workplace do not come within those formulas, then the layoffs do not require notice.

If notice is required, the employer could pay the employees for 60 days instead of keeping them on the payroll.

Hope that helps.

Good luck.

Jeff Sheldon

Jeffrey L. Sheldon, Esquire

The Sheldon Law Firm

17804 St. Lucia Isle Drive

Tampa, FL 33647

813.986.7580

(f) 813.986.7489

(Admitted in Fl., MD, D.C., and Pa.)

[email protected]

http://www.SheldonLawFirm.com

Disclaimer: This posting does not and is not intended to constitute legal advice. It is not confidential, nor is it privileged, and it does not create an attorney-client relationship. Please consult with an attorney for advice specific to the facts of your case.