Schneider Wallace Cottrell Konecky Wotkyns LLP Investigating Reports Violations of the WARN Act In Mass Layoffs and Plant Closings
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Schneider Wallace Cottrell Konecky Wotkyns LLP is investigating reports of violations of the WARN Act in mass layoffs and plant closings.
We have received complaints from employees of various
companies reporting that they have been layed off en masse or that plants have been closed without the mandatory legal notice.
What is the WARN act?
The federal Worker Adjustment and Retraining Notification Act (‘WARN” Act) and the laws of many states require companies to provide at least sixty days written notice to employees before a plant closing or mass layoff.
What employers are covered by the WARN act?
In general, employers are covered by WARN if they have 100 or more employees, not counting employees who have worked less than 6 months in the last 12 months and not counting employees who work an average of less than 20 hours a week. Private, for-profit employers and private, nonprofit employers are covered, as are public and quasi-public entities which operate in a commercial context and are separately organized from the regular government. Regular Federal, State, and local government entities which provide public services are not covered.
What employees are protected by the WARN act?
Employees entitled to notice under WARN include hourly and salaried workers, as well as managerial and supervisory employees. Business partners are not entitled to notice.
When are employers required to give 60 days notice under the WARN act?
Plant Closing: A employer must give notice if a "plant" (defined as any employment site or one or more facilities or operating units within an employment site) will be shut down, and the shutdown will result in a the termination of 50 or more employees during any 30-day period.
Mass Layoff: Even if there is not a "plant closing", an employer must nonetheless give 60 days notice if the layoff results in loss of jobs at the employment site during any 30-day period for 500 or more employees, or for 50-499 employees if they make up at least 33% of the employer's active workforce.
90 Day aggregate losses: An employer also must give notice if the number of jobs lost during a 30-day period fails to meet the threshold requirements of a plant closing or mass layoff, but the number of job losses for 2 or more groups of workers, reaches the threshold level, during any 90-day period, of either a plant closing or mass layoff.
CONTACT Schneider Wallace Cottrell Konecky LLP
If you believe that your employer violated the WARN act, complete the form below and submit it to our office for review. You must provide your home phone number, although all other fields are optional. If you do not wish to include your phone number on the contact form, you can email us instead.
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