It would not, however, prevent them from counting toward the 250-person threshold meaning that if freelancers terminated in the next 83 days wanted to make the case in court that they were effectively employees entitledto WARN protection, and if the numbers add up, they might still be able todo so.
"We could have given an ISP the name that we had suggested to the school, and the school could be in the process of coming back with a different name, which they are entitledtodo, " she said.