WARN Act: Severance Package Instead of Warn Notice
Question presented:
Can an employer provide a severance package instead of notice?
We invite your attention to our disclaimer.
There are certain circumstances under which WARN allows “voluntary and unconditional” payments that are not required by a legal obligation or bargaining agreement to be offset against an employer’s back pay obligation. However, payments that are required by a contract, such as an employer’s personnel policies (or much less likely, state law), would not offset WARN damages and, thus, would not serve to reduce the employer’s liability.