Correct, the max penalty under WARN act is 60 days pay. I fell into the first bucket you mentioned. I was on the payroll for 60 days, but had all access to systems disabled and was expected to do no work, though the company reserved the right to call on me should the need arise.
I am curious to see how this works, since my severance was accelerated stock vesting, and was given in return for agreeing to the non-disclosure and non-disparagement clauses. If those aren't available any more, I wonder if companies will be less inclined to offer severance since they get less in return.
Acceleration of vesting is also potentially a legal protection against litigation claiming an employee was terminated to prevent vesting. It's often easier to just let someone vest than to prove you are not trying to get out of the grant.
I'm sure. I also missed out on the second half of my joining bonus that would have actually been worth more due to the absolute cratering of the company stock price.
I am curious to see how this works, since my severance was accelerated stock vesting, and was given in return for agreeing to the non-disclosure and non-disparagement clauses. If those aren't available any more, I wonder if companies will be less inclined to offer severance since they get less in return.