I WAS LAID OFF ON 2/17/16. DO YOU KNOW IF THESE 60 DAYS NOTICE ARE CONSIDERED WARN ACT PAY OR PAYMENT IN LIEU?. I DON'T KNOW IF I SHOULD WAIT TILL THE END NOTICE DATE?
IF ANYONE HAS MORE INFO?
Section 1265.1 of the Code specifically states WARN Act pay will not be construed to be wages. However, prior to the passage of Section 1265.1 of the Code, if an employer failed to give the required 60-days' notice and paid employees for the lack of notice, the WARN Act pay would constitute in-lieu-of-notice pay and was considered wages for unemployment insurance purposes. The wages were allocable to the period immediately following the last day of work through the number of days paid for the lack of notice.