For larger companies with layoffs beyond a threshold, they employer must give 60 days notice. I think they can instead give 60 days severance.
The Stack Overflow layoffs are 60 people and 20% of their workforce, and so wouldn't (even at a single site) be subject to the WARN Act’s 60-day notice requirement.
Does that kind of situation still confer protections in Germany? If so, how do German manufacturing companies manage to not go bankrupt? Do all the companies subscribe to huge insurance pools?
If there are ten employees you need to cut, shouldn't they be cut based on either their recent performance, or a completely random method?
Maybe it's putting lipstick on a pig, maybe it's fairness.
Layoffs (mass dismissal) are very hard, because usually it means the whole region has economic problems, and those that get laid off are especially vulnerable - because they almost by definition work in a sort of dying industry/trade.
No, because layoffs are position-based. If it's a performance related cull then that's not the same as redundancies. If you want to get rid of people like that then you need ironclad documentation and/or to provide generous packages.
When I was made redundant a decade ago in the UK I got:
- week's "consultation period" during which the ranking process for who would be made redundant was explained
- pay in lieu of month's notice
- (optional on behalf of the employer) three month's pay for signing away my right to sue for wrongful dismissal
The only situation in which employees can really lose out is if the company goes bankrupt in which case they are at risk of losing their last paycheque.
> Per Chapter 4, Part 4, Sections 1400-1408 of the Labor Code, WARN protects employees, their families, and communities by requiring that employers give a 60-day notice to the affected employees and both state and local representatives prior to a plant closing or mass layoff. Advance
The layoff that I was part of in '09 in California (Netapp, ~500 employees let go, about 6% of staff) had two different groups in the IT side of the house:
A. Out the door now. B. Pick your brain for some time.
The out the door now were let go immediately, though they were on payroll for 60 days. They weren't allowed in the building, but they were technically still employees. Severance package followed the 60 days.
The pick your brain group which I was part of were still allowed in and we worked. We had 30 days to sign a "increase pay and pick brain from Feb until July" or out the door with 30 days left on the WARN (if I remember it correctly). Come July, the 60 day window kicked in and then the severance package.
I am of the understanding that this approach isn't unusual with tech companies.