On August 31, 2017, Oracle America, Inc. notified California of a layoff affecting 54 employees in San Diego, San Diego County, with an effective date of October 31, 2017. The filing records 61 days between the notice date and the effective date.
A WARN notice is an employer telling the state that a qualifying layoff or closure is coming. It is a scheduling document, not a severance offer. Whether any severance is offered, and on what terms, is a separate question that the filing does not answer.
| Employer | Oracle America, Inc. |
|---|---|
| Location | San Diego, California (San Diego County) |
| Employees affected | 54 |
| Notice date | August 31, 2017 |
| Effective date | October 31, 2017 |
| Notice period | 61 days |
| Type | Layoff |
| Marked temporary | No |
This filing is recorded as a layoff rather than a closure, so the site is not reported as shutting entirely. Partial reductions sometimes leave internal transfer or recall on the table, which is worth asking about directly rather than assuming either way.
Earlier filings by this employer
This is not the first WARN notice Oracle America, Inc. has filed in our records. Earlier filings are listed below. A pattern of repeat filings is worth knowing about, because it affects how much room an employer tends to have on timing and on what it is willing to put in writing.
| Notice date | Location | Affected | Type |
|---|---|---|---|
| January 18, 2017 | Santa Clara, CA | 441 | Layoff |
Your rights under federal law
The federal WARN Act generally applies to employers with 100 or more employees and requires 60 days of advance written notice for qualifying plant closings and mass layoffs.
Federal law does not require severance pay. The Fair Labor Standards Act does not mandate it, and it is a matter of agreement between employer and employee. This is the point most people are surprised by: a WARN notice tells you when, it does not entitle you to a package.
State rules in California
Some states set notice rules of their own that go beyond the federal WARN Act, and a small number set severance obligations in specific circumstances. Our California summary is awaiting review by an employment attorney licensed in the state, so this page states only the federal position above rather than guessing at the state one. The state labor department publishing the filing is the authoritative place to check in the meantime.
If you are 40 or older
Where an employer asks a worker who is 40 or older to waive age discrimination claims as part of a group termination program, the Older Workers Benefit Protection Act sets out requirements including a 45-day period to consider the agreement, a 7-day period to revoke after signing, and written disclosure of the job titles and ages of those selected and not selected.
The disclosure point matters more than it sounds. In a group termination, the list of job titles and ages of those selected and not selected is information you would otherwise never see, and an agreement that omits it where it is required may warrant review before you sign.
What to check if you are handed an agreement
- The release. What claims it covers, and whether it reaches beyond the employment relationship.
- Time to consider. Whether the deadline you were given matches what the agreement itself says.
- Noncompete and non-solicit. Whether anything restricts your next job, and whether it is new or was already in place.
- Health coverage. When coverage ends, and whether any COBRA contribution is offered and for how long.
- Equity and bonus. What happens to unvested equity and to any bonus already earned but not paid.
- Clawbacks. Any condition that would let the employer take the payment back.
Have the agreement in hand?
The assessment reads your situation against how these packages are commonly structured and tells you how the offer looks, what is missing, and what is worth asking for. It is free and takes about four minutes.
This is general information, not legal advice. Severance.help is not a law firm and no attorney-client relationship is created by reading this page. A WARN notice records what an employer told the state. It does not establish what any individual worker is owed, and it does not tell you whether a particular severance agreement is reasonable. If your situation involves possible discrimination or retaliation, unpaid wages, a noncompete you cannot work around, or a great deal of money, consult an employment attorney licensed in your state.
Sources
- California Employment Development Department WARN report: filing record for Oracle America, Inc., San Diego, CA, published by the state labor agency at edd.ca.gov/en/Jobs_and_Training/Layoff_Services_WARN.
- U.S. Department of Labor, Employment and Training Administration: Worker Adjustment and Retraining Notification (WARN) Act, employer coverage and the 60-day notice requirement for qualifying plant closings and mass layoffs.
- U.S. Department of Labor, Wage and Hour Division: severance pay is not required by the Fair Labor Standards Act and is a matter of agreement between employer and employee.
- U.S. Equal Employment Opportunity Commission: Understanding Waivers of Discrimination Claims in Employee Severance Agreements, covering Older Workers Benefit Protection Act requirements including the 45-day consideration period, the 7-day revocation period, and the disclosure obligations that apply to group termination programs.