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rodw | 3 years ago
Curiously, based on the DOL guide at [1], which to be fair isn't text of the actual law but it is an official government publication meant to explain it, _technically_ it is _not_ acceptable to give 60 days of severance in lieu of notice, but since the penalty for violating the act is a 60 days pay and benefits to all impacted employees, it works out the same either way.
> Can I pay my workers their salary and benefits for 60 days in lieu of notice? > > Neither the Act nor the regulations recognize the concept of pay in lieu of notice. WARN requires notice, making no provision for any alternative. Failure to give notice does a significant disservice to workers and under-mines other services that are part of the purpose of the WARN Act. However, since WARN provides that the maximum employer liability for damages, including back pay and benefits, is for the period of violation up to 60 days, providing your employees with full pay and benefits for the 60-day period effectively precludes any relief
[1] https://www.dol.gov/sites/dolgov/files/ETA/Layoff/pdfs/_Empl...
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