WARN Act Offset Clause Samples
The WARN Act Offset clause serves to address the interaction between severance payments and obligations under the federal Worker Adjustment and Retraining Notification (WARN) Act. In practice, this clause stipulates that any severance or termination payments made to employees may be reduced by amounts already paid or owed under the WARN Act, which requires employers to provide advance notice or pay in lieu of notice in the event of mass layoffs or plant closings. By including this offset, the clause ensures that employers are not required to make duplicative payments for the same termination event, thereby preventing double recovery by employees and clarifying the employer’s financial obligations.
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WARN Act Offset. In the event that Executive’s termination Without Cause in accordance with Section 1.5 above is covered by the Worker Adjustment Retraining Notification Act or any law enacted by a state of the United States of America having a similar purpose (the “WARN Acts”) at the time of Executive’s termination, or is deemed to be covered by a WARN Act retrospectively within 90 days after Executive’s termination, the amount of any Severance Payment or benefit continuation Executive is entitled to receive pursuant to Section 1.6 shall be reduced by an amount equal to any payments Company is required to provide Executive under any WARN Act or by the amount of pay Executive receives during any portion of a WARN Act’s notice period where Executive does not perform any work for Company.
WARN Act Offset. In the event that Executive’s termination Without Cause in accordance with Section 1.5.4 above is covered by the Worker Adjustment Retraining Notification Act (“WARN”) at the time of Executive’s termination, or is deemed to be covered by WARN retrospectively within 90 days after Executive’s termination, the amount of any Severance Payments Executive is entitled to receive pursuant to Section 1.6.2 shall be reduced by an amount equal to any payments the Company is required to provide Executive under WARN or by the amount of pay Executive receives during any portion of WARN’s 60-day notice period where Executive does not perform any work for the Company.
WARN Act Offset. In the event that Executive's Involuntary Termination (as defined in the Severance Benefit Plan) is covered by the Worker Adjustment Retraining Notification Act ("WARN") at the time of Executive's termination, or is deemed to be covered by WARN retrospectively within 90 days after Executive's termination, the amount of any severance benefit Executive is entitled to receive pursuant to the Severance Benefit Plan shall be reduced by an amount equal to any payments the Company is required to provide Executive under WARN or by the amount of pay Executive receives during any portion of WARN's 60-day notice period where Executive does not perform any work for the Company.
WARN Act Offset. In the event that Executive’s termination by the Company with or without Cause is covered by the Worker Adjustment and Retraining Notification Act or similar state law (the “WARN Act “) at the time of Executive’s termination, or is deemed to be covered by the WARN Act retrospectively after Executive’s termination, the amount of any severance payments Executive may be entitled to receive under this Agreement shall be reduced by an amount equal to any payments the Company is required to provide Executive under the WARN Act and/or by the amount of pay Executive receives during any portion of the WARN Act’s notice period where Executive does not perform any work for the Company.
WARN Act Offset. In the event that Executive’s termination without Cause is covered by the Worker Adjustment and Retraining Notification Act or similar state law (“WARN”) at the time of Executive’s termination, or is deemed to be covered by WARN retrospectively within 90 days after Executive’s termination, the amount of any severance payments Executive may be entitled to receive as set forth in Sections 2.5.2 and 2.5.3 shall be reduced by an amount equal to any pay Executive receives during any portion of WARN’s notice period.