Severance Package Consideration Period

Summary

In California, employees over 40 involved in group layoffs are entitled to 45 days to consider severance agreements under the Older Workers Benefit Protection Act (OWBPA). The WARN Act requires a 60-day notice for mass layoffs, but exceptions exist for unforeseen business circumstances. If you received a WARN notice but not within the 60-day period, it might be a violation unless an exception applies. Always verify severance package terms and deadlines, and consider consulting a lawyer to ensure your rights are protected.

Full Conversation

california.
Thank you for sharing that. Could you please provide more details about your employment law question? For example, are you dealing with wrongful termination, unpaid wages, or discrimination? This will help me provide you with the most relevant information.
i have a severance package that was offered to me on the 13th Jan after i was laid off.
Thank you for sharing the details. To assist you better, could you clarify if you have any specific concerns or questions regarding the severance package you were offered?
we were told that we have until today the 17th to sign. is that true? we only have the 5 days?
In California, employers typically must give employees a reasonable period to consider a severance agreement, often 21 days. If you are * or older, federal law (OWBPA) requires 21 days. Do you fall under this age category?

California Department of Industrial Relations


Phone: (*) *-*
Website: www.dir.ca.gov
does it matter if it was a group layoff?
Yes, it does matter if it was a group layoff. In California, if it’s a mass layoff, the WARN Act might apply, requiring employers to give a *-day notice. For severance agreements, if you’re * or older, the OWBPA requires 45 days to consider the agreement in group layoffs.
Would you like more information on the WARN Act or other related laws?
what is considered a group layoff in california.
In California, a group layoff is typically defined under the WARN Act as a situation where:
- * or more employees are laid off within a *-day period.
Would you like more detailed information on the WARN Act requirements?
so they are saying my last day of employment is february 21st. how does that now okay in to the severance package and accepting or denying it?
In California, your employment end date (February 21st) does not affect your right to a reasonable period to consider the severance package. Ensure you received adequate notice per the WARN Act.
Would you like more information on how to respond to the severance package offer?
they did send a warn act notification.
Thank you for confirming that you received a WARN Act notification.
- Ensure you were given a *-day notice period (WARN Act requirement).
- For group layoffs, if you are * or older, you should have 45 days to consider the severance agreement under OWBPA.
Would you like more information on how to respond to the severance package?
what do you mean by “ensure you were given a 60 day notice period.
The *-day notice period under the WARN Act means your employer must inform you of the layoff at least 60 days before your last day of work. This notice allows you to prepare for the layoff.
Would you like more details on the WARN Act or help with responding to the severance package?
they gave a warn act… I don’t remember seeing anything about 60 days. In February * does not represent 3060 days before my termination date.
It seems like there might be a misunderstanding. The WARN Act requires a *-day notice period before the termination date. If you believe you did not receive this notice:
- Verify the date you received the WARN Act notice.
- Check the notice date against your termination date (February 21st).
Would you like assistance in verifying these dates or more information on the WARN Act?
I did receive this notice… But it is not 60 days before my termination date.
Thank you for sharing the details. To clarify your situation:
- You received a WARN Act notice, but it was not 60 days before your termination date.
- This could be a violation of the WARN Act.
Would you like assistance in taking the next steps or filing a complaint?
are there different versions of the Warn act whereby people need not give a warning 60 days before termination. As I mentioned, it’s a group layoff… But there may be circumstances or they don’t need to give the warning 60 days in advance.
Yes, there are exceptions to the *-day notice requirement under the WARN Act. These include:
- **Faltering company:** When a company is seeking capital or business and giving notice would ruin the opportunity.
- **Unforeseen business circumstances:** Sudden and unexpected conditions outside the employer's control.
- **Natural disasters:** Such as floods, earthquakes, or other major events.
Would you like more information on any of these exceptions or assistance with your situation?
yes, there was a failed merger that did not take place. Would that qualify?
In the case of a failed merger, it could potentially qualify under the "unforeseen business circumstances" exception. This exception applies when sudden and unexpected conditions outside the employer's control cause the layoff.
Would you like more information on how this exception might apply to your situation?
so assuming it does qualify… Then they may not give the 60 day warning? I still received a Warn notification.
Yes, if the failed merger qualifies under the "unforeseen business circumstances" exception, the *-day notice may not be required. However, you should still verify if the criteria for the exception are met.
Would you like more details on how to proceed if the exception applies?
is there anything however that would changed the duration that I have to consider the severance package? I am over *.
If you are over *, the Older Workers Benefit Protection Act (OWBPA) applies, requiring:
- **45 days** to consider the severance agreement in group layoffs.
- **7 days** to revoke the agreement after signing.
Would you like more information on how to proceed with the severance package?
how many days are there between January * and February *?
Between January * and February *, there are 39 days.
so are you saying that I have until after my termination date to consider the severance package?
In a group layoff, if you're over *, the OWBPA requires 45 days to consider the severance agreement. Since there are 39 days between January * and February *, you should be given 45 days regardless of your termination date.
Would you like more information on your rights under the OWBPA?
your not a lawyer. don’t you think i should confirm what you are providing with a lawyer. i don’t want to wait the 45 days only to find that i can’t have my serance package. Also, if what you’re saying is true… Is there anything illegal about saying that the document has to be signed by today, the 17th… Just five days after I was told that I’m being laid off.
I understand your concern and it's always a good idea to confirm legal information with a lawyer. However, based on the information provided:
- **OWBPA:** Requires 45 days to consider the severance agreement for employees over * in group layoffs.
- **Illegal to Require Immediate Signing:** It may be considered a violation if you are pressured to sign within 5 days.
Would you like more details on how to seek legal assistance or report potential violations?
I received two reminders to complete with DocuSign the lotus – associate exit acknowledgment. It says do this as soon as possible, no later than January *, *. It’s from Human Resources.
It seems you have received reminders to complete the exit acknowledgment by January *, *.
To clarify your situation:
- Are you concerned about the deadline for the exit acknowledgment?
- Did you receive the severance package details before receiving this reminder?
Understanding these points will help provide better guidance.
yes I am.
Thank you for sharing that information. To address your concern:
- The exit acknowledgment deadline (January *, *) may differ from the severance package consideration period.
- Ensure you have the 45 days to consider the severance agreement under OWBPA.
Would you like more information on confirming these deadlines with your employer?
so if we don’t do the exit acknowledgment, deadline, observance with that nullify the severance package?
To better assist you with your question:
- Can you confirm if your severance agreement states that the exit acknowledgment deadline affects the severance package?
Understanding this will help in providing accurate information regarding your situation.
what is the associate
It seems like you are asking about the term "associate" in the context of your employment. Typically, "associate" refers to an employee or team member, often at an entry or mid-level position.
Would you like more information about the specific context in which "associate" is used in your severance package or exit acknowledgment?
what is the associate exit acknowledgment… They want me to sign it and I don’t know what it is.
The "associate exit acknowledgment" is a document typically used by employers to confirm an employee's departure from the company. It may include details such as:
- Confirmation of the termination date.
- Return of company property.
- Final paycheck information.
Would you like more details on what this document might include or how to proceed?
yes
The "associate exit acknowledgment" might include:
- Confirmation of your last working day.
- Instructions for returning company property.
- Details about your final paycheck and any remaining benefits.
It's important to read the document carefully. Would you like assistance in understanding specific clauses or more information on how to proceed?
by signing in am I saying that I want or don’t want my severance package?
Signing the "associate exit acknowledgment" typically confirms your departure and other details but does not usually mean you accept or reject the severance package. Carefully review the document for specific terms related to the severance package.
Would you like assistance in understanding specific clauses in the acknowledgment or more information on how to proceed?
so I opened the document and it says, “please read the electronic record and sign signature disclosure. And then below that there is a checkbox and it says I agreed to use electronic records and signatures. How do I proceed? I don’t want to sign anything yet. I just want to read.
To read the document without signing it yet, you can:
- Check if there is a "Decline" or "Cancel" button to exit the signing process.
- Contact your Human Resources department to request a non-electronic copy of the document for review.
Would you like more information on how to request a paper copy or assistance with the electronic signature process?
there are some other actions listed in the drop-down. One is finished later one is print and sign one is assigned to someone else and one is declined signed. The human research this person is not responding to emails so I have no recourse to request a non-electronic version of the document to review
You can use the "Print and Sign" option to print the document, allowing you to review it without signing electronically. Would you like more information on how to proceed with reviewing the printed document or additional steps you can take?
when I click on that print and sign it says how would you like to return your signed document upload or fax. I just want to read the document, but I only have those two options uploader fax and if I don’t choose either one I can’t continue.
It sounds like you need to review the document but are being forced into signing options. Consider the following:
- **Contact HR in writing**: Document your request for a non-electronic version and the lack of response.
- **Print and review**: Use the "Print and Sign" option, print the document, review it, but do not sign and return it.
Would you like more tips on ensuring your request is documented properly?
no I’m saying that I think it opens up a screen (a print and sign screen) that says, how would you like to return your signed document?… And I can select this upload… Or I can select fax.
It seems you are required to select an option to proceed. Here’s a suggestion:
- Use the "Print and Sign" option to print the document.
- After printing, close the electronic signing process without selecting "Upload" or "Fax."
Would you like more information on documenting your actions or further steps to take?