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WARN Act

Kaplan Fox Represents Workers Fired in Violation of the WARN Act

Our employment lawyers have extensive knowledge and experience enforcing workers’ rights in cases involving violations of the WARN Act. Our team has a strong track record of representing employees WARN Act lawsuits against companies in a variety of industries such as tech and manufacturing when they have violated their workers’ WARN Act rights.

What is the WARN Act?

The Worker Adjustment and Retraining Notification (or “WARN”) Act is a federal law that was enacted in the late 1980s that prohibits companies from firing large groups of workers without providing them advance notice before they are let go. The WARN Act applies in all fifty states and was intended to provide workers with advance notice of their upcoming layoff so they can have time to start finding another job or obtain additional education or training. The WARN Act is also intended to prevent severe economic hardship among communities when large plants or factories close with little or no warning.

What does the WARN Act require?

The federal WARN Act generally requires that companies with more than 100 employees provide 60 days of advance notice before mass layoffs. To comply with the WARN Act a company must usually provide 60 days of advance notice to workers before it lets go of more than 500 employees or over 50 employees if those employees are more than 1/3 of the workforce at a particular location.

Other states, including California, Massachusetts, New York, Hawaii, Tennessee, Illinois, Wisconsin, Iowa, New Hampshire, Maine, and New Jersey, have also created their own versions of the WARN Act, which may provide workers in those states with additional rights.

What happens if a company violates the WARN Act?

The WARN Act allows employees who were let go in violation of the WARN Act to bring a class action on behalf of themselves and other employees who were laid off. If a company fails to comply with the WARN Act, it may be required to pay employees up to 60 days of full pay, plus benefits. In some states, such as New York, the company may have to pay up to 90 days of back wages plus benefits. A company who violates the WARN Act may defend itself in court, but there are very few exceptions that fully excuse a company from failing to comply.

What should I do if my WARN Act rights have been violated?

Our team of experienced employment lawyers understands the concerns of employees and their families who have recently suffered a devastating and unexpected job loss. We will work hard to ensure we can obtain compensation on your behalf as fast as possible while you work to secure your next job.  To date, our team has recovered over $10 million for violations of the WARN Act and has successfully pursued WARN Act cases in bankruptcy court when necessary.

What should I do if my WARN Act rights have been violated?

If you have been terminated from your job and would like to know if your WARN Act rights have been violated, please fill out the form below or call 1-844-333-7660 for a free and confidential consultation.

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