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Question:  Can I ask my employees to waive their rights to notice under WARN?

Date Added:  3/1/2012 3:40:51 PM Hits:  603
Last Revised:  3/1/2012 3:40:51 PM Vote: 
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Answer
Employees cannot be required to waive their rights to advance notice under WARN. WARN requires notice, making no provision for any alternative. However, when you close a facility or have a layoff, you may ask employees to sign a document waiving their rights to make claims against your company. (Waiving the right to make claims against the company means the
employee agrees not to sue the company for additional financial compensation or any other benefit because of the employee’s job loss, or in some cases, from anything else that may have occurred during the worker’s employment.) Requesting that employees voluntarily and knowingly waive any claims under WARN, or other employment-related laws, may involve
offering some additional severance pay or extended health benefits. If something of value such as additional pay or benefits is received by the employees for signing the waivers, they may have waived any claims that they have under WARN or other employment-related laws.


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