WARN Act Monies Clarification

I apologize for the lack of posts but I am getting settled into my new job and much of my posting and research comes either late at night or in the early morning!

I want to clarify what seems to be a misperception among ex-Hellerites as to whether or not you are entitled to WARN Act monies if you were able to secure employment before November 28, 2008.

You are still entitled to WARN Act monies even if you left the firm before November 28, 2008 and secured employment at another firm.  However, this only applies if you were terminated by Heller Ehrman.  If you resigned on your own prior to November 28, 2008 then you would not be entitled to the WARN Act monies.

In my example, although Heller stated in its September 26, 2008 e-mail that I was expected to work through to the dissolution date of November 28, 2008, I was terminated – along with many others – on October 10, 2008.  The Proof of Claim Calculation Worksheet (Excel) determines that I am owed 35 days in WARN Act monies.  This would apply even if I had secured employment after my termination date.

* * *

I will also be updating the Proof of Claim Calculation Worksheet later today to allow for calculation of 401k Profit Sharing, prejudgment interest and more.  Stay tuned.


3 Responses to “WARN Act Monies Clarification”

  1. 1 Sleeping in Seattle 14 April 2009 at 10:15 pm

    Do you have some support for this? The sources I’ve seen suggest the opposite.

  2. 2 Observer 14 April 2009 at 11:51 pm

    I think HD has this one right.

    I’d like to see a labor attorney comment on it. But as I read the government information material, we are entitled to the 60 days WARN notice penalty so long as we were terminated prior to obtaining a new job.

    If you resigned, or you obtained and accepted a new job, prior to Heller terminating you, then you would not be entitled to WARN amounts.

    Heller intended to pay us for the 60 days through Nov. 28. If it had been making those payments and not terminated you yet, and you obtained and accepted a new job while still on the Heller payroll, that would have let Heller off the hook for remaining WARN payments. But that’s not our actual situation.

    That’s how I understand it.

  3. 3 Former NY Associate 16 April 2009 at 7:43 am

    Thanks so much for providing the claim calculation worksheet! I don’t know if any other associates raised this earlier, but just in case no one has, I wanted to point out that the calculations don’t seem to apply quite correctly for associates. In particular the WARN calculation under estimates the weekly pay — at least in New York.

    Also, associates should note that there was a termination policy that required Heller Ehrman to provide severance if they chose to provide the associate with notice of termination — which they obviously did.

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