Halloween Is A Great Time To Talk About How Companies Are Violating the Warn Act

By: Stephanie Diana Eubank

Many of us know companies pushing Return to Office or #RTO, forcing #remoteworkers to quit and find new remote opportunities. However, this tactic is not yet illegal in the strictest of guidelines. Still, it is a way that major companies are trying to skirt their responsibilities and requirements to follow the WARN Act. 

The WARN Act stands for the Worker Adjustment and Retraining Notification Act, which was installed into US Federal Labor Law in 1988.  This law requires employers with 100 or more employees to report if they plan a layoff within the next 60 days.  You can find out more information at https://www.dol.gov/agencies/eta/layoffs/warn.

So, companies are taking a page out of the 2013 Yahoo CEO’s book to force remote workers back to the office to, in theory, improve communication, creativity, and synergy.  However, that theory was wrong, and the data now shows that in-person workers have fewer hours of productivity than their remote counterparts, as detailed by the Bureau of Labor and Statistics (BLS).  Also, remote work leaves room for neurodivergent workers like me who are comfortable in remote work to have more space to not emotionally mask and be more creative problem solvers.

With Halloween being the first holiday of the layoff season, we need to be mindful of how companies are using this #RTO method to skirt the law so as not to pay unemployment, not disclose to the WARN Act or investors about the need for layoffs, and change the narrative of the future of work. The law hasn’t caught up to this trend yet, but it could be interesting to see how companies adjust when it does. But this is additionally making it so companies are having a hard time attracting talent because so many want remote work and are not willing to #RTO or do #hybrid.

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STOP PUSHING: Why Companies are Hurting Themselves Pushing for Hybrid and In-Person Work/ RTO

By Stephanie Diana Eubank

There is a lot in the media about companies pushing for remote workers to return to the office.  Companies demanding remote workers who were remote initially in their contract and those who are applying for remote work come in person, even in a hybrid capacity.  When employees push back the toxic leadership narrative is, “People don’t want to work anymore”.  This is only partly true.  The truth is workers especially after COVID have learned about this method of toxic leadership and are just not willing to work for companies like that.  This constant pushing is going to give leaders the business management equivalent of a hemorrhoid.

There are three main reasons why companies are trying to force people back into the office:

  1. Real Estate.  The real estate side was a big issue at the start of the Pandemic.  However, now in 2023, there are numerous articles of companies making moves in physical locations and scaling back office space.  Yes, this can create a growing pain for big cities but once things level out it will be an opportunity for change to have a more socio-economic diverse community and housing affordability neighborhoods in bigger cities and encourage similar changes in smaller ones.
  2. Companies either need a change in talent focus (hiring more IT specialists versus physical laborers or salespeople), a reorganization (reorg), or need a layoff.  So, to avoid not paying unemployment many companies choose to force people back into the office. This way people who don’t want to work in person have to quit and thus won’t get unemployment benefits.  This also allows companies to not look as bad in the media and to board members.  An early example of this behavior was in 2013 when Yahoo did the same thing in an effort to, “Improve collaboration”.  Which has been statistically disproven then and since COVID. But, it later showed evidence of the above-noted reason and the company dwindled from there.
  3. The last reason is just insidious.  Since most companies promote people who are good at their job but may not have specific leadership training and the company doesn’t provide said training these leaders scare away talent.  The reason these leaders scare away talent is that they don’t know how to lead and mix up fear with respect.  Because of this many of these leaders develop toxic leadership skills that are in many cases downright illegal and cultivate a hostile work environment.  Yes, you can have a hostile work environment in a remote workplace.  And because remote workplaces provide more transparency and the ability to document bad behavior HR and Companies want to protect themselves and exploit workers and toxic leaders by dragging everyone back into the office where the narrative can be controlled.  And where legal proof can be dispelled.

These reasons are not reasonable and limiting remote work hurts companies more than it hurts anyone else.  Companies lose out on savings on overhead, commercial space, energy costs, among other expenses.  Also, many cities like San Francisco have additional fees and taxes so remote workplaces allow for a lot of business savings.

The issue isn’t if people want to work or not.  The issue is that companies are being narrow
minded and doing things they shouldn’t.
And rather than change positively, many companies are trying to turn back
the clock.  This insistence on pushing for Return
to Office or RTO is the equivalent of pushing too hard, and you won’t like the
after-effects.   

 

 

 

 

 

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