When filled positions are eliminated, how much notice is required?
Under the WARN Act, a 60-day notice is required. The question is does Vanderbilt with its aggregate of 50 or more employees with a potential to be laid off fall under that act? Secondly, the Older Worker Benefits and Retirement Act requires a 45-day notice when one or more employees are in a protected age group. Since Vanderbilt may have at least one individual affected that is over forty years of age, we will utilize the 45-day notice period. NOTE: The total employment arena is = University-wide; the 60-day period means 30 days before and 30 days after. It’s always better to err on the side of providing more notice, and even in cases of staff reductions for less than 50, best human resource practice suggests that we should at least provide a 45-day notice period if we do not want to provide the 60-days. All position eliminations are coordinated through the Employee Relation’s Office so the appropriate notice period can be determined.
