Legal Question in Employment Law in New York

I work for a large corporation. About four years ago they allowed me to work at home. They closed the office where I was based in NY and relocated our headquarters to Boulder, CO. They allowed me and others to work from home. They have recently given us 30 days notice of termination of employment with the reason that they are only employing people who work \"onsite\" in Boulder. It was implied that we would have an opportunity to move there but if we declined we had 30 days and we would be let go. They are offering the severance package which is in our contract but I thought the WARN act protected us for at least 60 days. In NY our WARN act is for 90 days but because my managment is in Boulder and I\'m in NY i\'m not sure if the NY laws cover me or if I have to follow Colorado law. To top it off I am in the process of a workers compensation case waiting for approval for surgery and I want to make sure I\'m protected for this procedure.


Asked on 7/30/09, 3:54 pm

1 Answer from Attorneys
Jason Stern Law Offices of Jason Stern

The WARN act may not apply to your situation because it requires an employer to give notice of a mass layoff of 50 or more people at one location. Therefore it depends on when your New York office closed, how many people were laid off, and whether you were allowed to keep your job for a period of time beyond the closing of the NY office.

Regarding the choice of law provision (Colorado vs. New York), you are protected by NY's version of the WARN law.

In any event, you should speak with an attorney who specializes in severance packages to review your papers and help you maximize the amount of your severance package (beyond what is being offered).

Your worker's comp attorney can and should promptly advise you on the status of your worker's comp case.

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Answered on 8/04/09, 4:18 pm


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