WARN- Worker Adjustment and Retraining Notification Act-Rights of Employees Plant Closings and Mass Layoffs

The Worker Adjustment and Retraining Notification Act (WARN Act) is a federal law which applies to most employers with 100 or more employees. WARN requires that employers provide at least 60 calendar advance notification of plant closings and mass layoffs of employees. Employees entitled to WARN Act notices include managers and supervisors, hourly wage earners and salaried workers.

There are three recognized exceptions to the 60 day notice requirement of WARN: (1) Faltering Company – when prior to a plant closing the employer is actively seeking capital from a reputable source which would avoid or postpone a closing for a reasonable period of time and the employer has a good faith reasonable belief that providing advance notice would prevent the employer from obtaining the financing; (2) Unforeseeable Business Circumstances – when business circumstances exist such that it was not reasonably foreseeable at the time that the 60 day notice would have been required, such as a sudden or dramatic unexpected action outside of the employer’s control; or (3) a Natural Disaster such as an earthquake, tidal wave, hurricane or mass flood. Even where one of the recognized exceptions exists, the employer must still provide notice as soon as possible and the employer must state the reason for providing less than 60 days’ notice.

We represent employees who have had their WARN rights violated. If you worked for an employer with more than 100 employees and did not receive at least 60 days’ notice of a plant closing, call Abramson Employment Law at 267-470-4742 or contact us online to discuss your legal options.