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Company Relocation: How much notice are they LEGALLY supposed to give us?

This is a discussion on Company Relocation: How much notice are they LEGALLY supposed to give us? within the Other Labor Law Matters forum, part of the LABOR & EMPLOYMENT LAW category; I work for a company who had announced a relocation from NYC to Miami, FL. Everyday since the announcement, there ...

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Old Nov 10th, 2011, 07:36 PM   #1
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Confused Company Relocation: How much notice are they LEGALLY supposed to give us?

I work for a company who had announced a relocation from NYC to Miami, FL. Everyday since the announcement, there was never a confirmed move date. We were told that an official date couldn't be provided until the new location was secured. We were also told that a portion of moving expenses would also be covered.

In August, the new location was secured. Still no move date. At this point, half the company (the execs who could afford the move) were already down there. Exceptions were made to different people for whatever reasons.

I was told that they would like me there November 1st. That's great and all but nothing in writing and no one got back to me on what subsidies were being offered for my move. And now, they're announcing that the last day of the NYC office is November 30th. That is roughly 2.5 weeks away. I still have no written confirmation of this and I still have no word on what they will cover for my move.

How much notice are they LEGALLY supposed to give us because I find it hard that a company would only provide employees 2.5 weeks time to find a new job or come up with the thousands it would cost to make a move as it seems they have rescinded their offer to help with moving expenses.

And what can I do about this? Can they be taken to court?

I have been with the company for over a year and it is "at-will" employment. If any of this info helps.
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Old Nov 11th, 2011, 12:33 AM   #2
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Default Re: Company Relocation: How much notice are they LEGALLY supposed to give us?

I wish to inform you that the terms and conditions of your employment agreement will govern your case. In this regard, the clauses governing termination of our employment and relocation will guide in the matter. As there is employment at will thus in the absence of anything in the agreement your employer may terminate you at anytime or may relocate the premises. You may also discuss the matter with top management.


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Old Nov 11th, 2011, 08:14 AM   #3
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Default Re: Company Relocation: How much notice are they LEGALLY supposed to give us?

Quote:
Originally Posted by mariewright View Post
I work for a company who had announced a relocation from NYC to Miami, FL. Everyday since the announcement, there was never a confirmed move date. We were told that an official date couldn't be provided until the new location was secured. We were also told that a portion of moving expenses would also be covered.

In August, the new location was secured. Still no move date. At this point, half the company (the execs who could afford the move) were already down there. Exceptions were made to different people for whatever reasons.

I was told that they would like me there November 1st. That's great and all but nothing in writing and no one got back to me on what subsidies were being offered for my move. And now, they're announcing that the last day of the NYC office is November 30th. That is roughly 2.5 weeks away. I still have no written confirmation of this and I still have no word on what they will cover for my move.

How much notice are they LEGALLY supposed to give us because I find it hard that a company would only provide employees 2.5 weeks time to find a new job or come up with the thousands it would cost to make a move as it seems they have rescinded their offer to help with moving expenses.


And what can I do about this? Can they be taken to court?.....
You need to get from your employer and NOW whether you will have a job in the new location and what help they will give with relocation expenses. Make your request in writing along with restating your desire to continue your employment in the new location. And that you need time to select a home in the new city.

The employees have had notice since August the company would be relocating and closing down before the end of the year. Going to court at this point does not seem productive -- not as productive as getting something firm, in writing, about your position with the company -- whether you will remain with them. If the answer is "no", then you need to speak with them about severance pay.

Notice requirements vary depending upon the size of the company. That information was not provided so supplementing your post would be helpful.
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Old Nov 11th, 2011, 12:59 PM   #4
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Default Re: Company Relocation: How much notice are they LEGALLY supposed to give us?

The federal Worker Adjustment and Retraining Notification Act (“WARN”) requires companies to provide written notice to workers 60 days in advance of a covered “plant closing” (or “mass layoff”). Generally, if it has 100 or more full-time employees who have worked more than six months during the preceding twelve month period, the company must send a WARN notice to the employees or their union, to the “dislocated worker unit” for the state, and to the corresponding unit of the local government. A plant closing under WARN occurs if a company shuts down an employment site resulting in 50 or more covered full-time employees losing their jobs within a thirty day period.

If an employer fails to provide a WARN notice to its covered employees, it can be found liable to each employee for 60 days of back pay liability and the consequential costs, if any, related to the premature termination of the workers’ health care benefits and/or other employee benefits.

The New York State Worker Adjustment and Retraining Notification (“NYWARN”) operates in a similar fashion. The major pertinent distinction between the federal law and the state law is NYWARN covers companies with 50 or more employees.




Of course, in this regard the “$64,000 Question” here is whether your company is covered under WARN and/or NYWARN. You may want to make such a determination in order to know what the minimum your employer may owe under law. If you believe your employer is covered under WARN or NYWARN, then you should probably speak directly with an attorney experienced in employment law and/or a representative of the state department of labor to assess whether your former employer had an obligation to provide the notices under WARN and/or NYWARN.

With that said, the best course for you may be to follow the advice given by the above poster. You want to find out, in writing, inter alia, whether you will indeed have a job in Miami, what are the terms and conditions of the position, and whether the company will provide you with any relocation assistance. You certainly do not want to take steps to move based on the amorphous promises given to you to date.

If your employer can make a satisfactory offer to you, then you can consider accepting it and moving to Florida if you choose. However, if the offer is unsatisfactory and/or you have no interest in leaving New York, then you certainly want to assess whether your employer failed to adhere to its notice obligations under WARN and/or NYWARN.
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