California WARN act, H1B lay off with Severance pay days

Hi, Anil, I got laid off from company A on Mar 10th, 2019. Per the California WARN act, they sent me a notice of termination on Mar 11th, 2019 clearly stating two things

  1. I will be on payroll with full pay/benefits but will be expected to do no work for them (all access gone) .
  2. the last day of employment - frequently referred to as the termination day in the document I got, will be 60 days from the “notice of termination” (=separation) day; at which point I could sign their termination agreement and collect any severance.

I have read your FAQs - especially the last one but I am not clear if the grace period has already started for me or if it will start when I get officially terminated.
(i.e. do I have just 60 days OR 60 notice period + 60 grace days = 120 days)

Also, Note that
a) I have an option to just join the company A again in some other group (should I be able to find such a group willing to take me - which company A will then consider as an internal transfer)
b) They will send a notice of H1B revocation to USCIS 2-4 weeks after the aforementioned 60 days of notice period.
Both these points seem to suggest that I am not really terminated until 60 days from layoff day. But then, “you are not expected to work during this period” verbiage is throwing me off. Appreciate your take on it

It seems that your payroll will run for 60 days? Or it is just the severance pay for those 60 days?

As per my understanding, you just have these 60 days to find a new employer and not 60+60 = 120 days if the payroll will not run as usual.

Normally, the payroll should keep running to prove valid H1B status. If in your case, the payroll keeps running, then you are probably good for next 120 days.
I would suggest to take an opinion from a California based attorney too as they would know state laws better.

It seems that your payroll will run for 60 days? Or it is just the severance pay for those 60 days?

Yes, the payroll will keep running for 60 days. The severance comes after that as a lump sum (though whatever they calculate as my severance, per our severance plan, they will deduct the pay they gave me during the 60 days WARN period). Also, the severance is paid only if I sign the termination agreement while pay from payroll for above 60 days is paid nonetheless.

Thank you for your insights. Yes, I will also talk to a CA based lawyer to see if there are some quirks…