Questions about WARN act notice.

[Deader2818]

Not sure if its ok to post this here but I know people on this site know about this kinda stuff.

The Company I work for was sold back on November 5th and we were given a WARN Act notice that January 5th was our last day and we would be given our severance on that day. We are now less then a week away from that date and we have not heard any further information and when we ask district managers they wont comment.

Now there has been a lot of rumors that we might work past that date and possibly into March.

My question is, if we were given a Warn notice that January 5th was our last day can they make us work past that and can they hold our severance from us till we actually are closed down?

[Cantih]

I've been through one when I worked through the death of Circuit City

From re-checking wiki and the DoL info, WARN notices are just a required notice of large scale layoffs/shutdown. If the company should have but didn't give one, they can get in the shit, but that's it.
Actual paycheck and severance stuff would be a different matter, so looking through the text of WARN won't find you answers.
though

Often, WARN Act problems arise when employers are acquired by other companies.

In my case, I did work after the notice final date, but past that point I was actually working for the liquidator, who was just using the corpse of CC's systems to do business.

For you, and the way the DMs are acting (once the notice came through, mine were up front that the place was dead as a doornail), I'm assuming that you should expect something along the lines of a going forward "income renegotiation" from your new employers. Anyone who doesn't like the new (probably worse) number will take the severance and go, and the remainder and new hires will make less than what it was before.

Welcome to business!

[Deader2818]

They company that bought us already informed us if we want a job with them we'd have to apply with them and they won't be absorbing us. I just wish my company was up front. Its hard to look for a job when you can't tell them when you can start

[NynJa]

Assume your last day is jan 5 and start looking?

[BerenTebogo]

If you have notice printed on their letterhead saying that you are only working til the 5th you should be fine to leave any time after that.

Not a lawyer, so take with a grain of salt, but I'm not even sure you'd need two weeks notice after that date. As long as you retained a copy of the letter and some record of attempts to contact superiors to no avail you should be A+ to do whatever the fuck you need to do.

[Mina]

Assume your last day is jan 5 and start looking?

This is the right answer by the way. I went through this not too long ago.

On the very last day before we were to be let go, a representative of the new company came in with packets and called us individually. The packet had basically my new job description and pay. I had a sign a few things and do the normal hire stuff and I had 0 vacation from work. Came in the next day like normal, just under a new company name.

But they can't keep you past the last day. You're not absorbed into the new company so you have no reason to stay. Unless you sign employment papers for the new company. :X