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Employer Retaliation After mass layoff without WARN Act notice

Started by SeniorDevMike_PDX · Aug 16, 2023 · 2,848 views · 6 replies
For informational purposes only. This is not legal advice. Laws vary by jurisdiction. Consult a qualified attorney for advice specific to your situation.
SM
SeniorDevMike_PDX OP

Quick background on my situation — any input appreciated.

mass layoff without WARN Act notice. I've been dealing with this for about 12 weeks now and the situation isn't improving.

I have worked at this company for 12 years. My position is exempt and I do have a written employment agreement beyond the standard offer letter.

What are the risks if I pursue this? What's the likely timeline?

NL
NursePractitioner_LA

Been there. Here's what I learned.

I ended up hiring an attorney to send the initial letter, which cost about $2-4 but saved me a lot more in the long run.

SM
SeniorDevMike_PDX

Not a lawyer, but I have direct experience with this.

In my case, it took about 1-3 months to resolve. The key was escalating to a supervisor/manager.

FP
frustrated_parent_advice

Have you tried reaching out to your state's labor board? They sometimes have free resources or mediation services.

SBL
SmallBizLaw

Important clarification on arbitration: if your contract has a mandatory arbitration clause, you generally CAN'T sue in court. But here's the thing — filing for arbitration is often MORE intimidating to companies because they have to pay the arbitration fees (often $3,000-5,000 for the company's share). Use this to your advantage.

ALL
AutoLemonLaw_CA

Went through this 6 months ago. My advice: be persistent but professional. Companies count on you giving up. Send follow-up letters every 2 weeks, reference your original complaint, and escalate to a supervisor each time. Squeaky wheel gets the grease.