Puerto Rico Memo Warning of an Impending Layoff
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How to fill out Memo Warning Of An Impending Layoff?
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FAQ
Does the WARN Act apply to Puerto Rico and other territories of the United States, such as Guam? Yes. Territories of the United States are subject to U.S. laws.
Considerations to Announcing a LayoffKeep the message short and sweet. Employees can see right through fluff.Communicate and have one reduction in force (RIF).Consider having individual meetings with all employees affected.Provide a good outplacement program to impacted employees.
Worker Adjustment and Retraining Notification Act (WARN) (29 USC 2100 et. seq.) - Protects workers, their families and communities by requiring most employers with 100 or more employees to provide notification 60 calendar days in advance of plant closings and mass layoffs.
A mass layoff occurs under the WARN Act when: at least 50 employees are laid off during a 30-day period, if the laid-off employees made up at least one third of the workforce; 500 employees are laid off during a 30-day period, no matter how large the workforce; or.
Does the WARN Act apply to Puerto Rico and other territories of the United States, such as Guam? Yes. Territories of the United States are subject to U.S. laws.
How to write a layoff letterAddress the letter directly to the employee.Be direct and concise about the layoff.Thank the employee for their contributions.Provide guidance for benefits and pay.List relevant resources for the employee.Include your name, title and contact info.
The following states or territories have their own versions of the WARN Act that expand on the protections of the federal law, by covering small layoffs or by having fewer exceptions: California, Hawaii, Illinois, Iowa, Maine, New Hampshire, New Jersey, New York, Tennessee, Wisconsin and the Virgin Islands.
Section 403 of PROMESA modified Section 6(g) of the Fair Labor Standards Act (FLSA) to allow employers to pay employees in Puerto Rico who are under the age of 25 years a subminimum wage of not less than $4.25 per hour for the first 90 consecutive calendar days after initial employment by their employer.
Deliver the message directly but compassionately and allow the employee time to read the written notice of layoff you will give them during this meeting. Stay with your script and remain calm. Straightforward, clear explanations are important. Give the employee some background explaining why this decision is necessary.
From an employment law perspective, this means federal statutes such as Title VII, FLSA, ADA, ADEA, FMLA, USERRA, OSHA, ERISA, COBRA, among others, apply to Puerto Rico.
