warn act lawyer
the warn act

The WARN Act


Have you recently been laid off or terminated as part of a mass layoff or facility shut down? If you received no prior written notice of the layoff, or if you were only provided a shortened layoff notice (less than 60 days , then your rights under the federal Worker Adjustment and Retraining Notification Act (WARN Act) may have been violated.

Generally, the

WARN Act

requires employers to notify their workers, in writing, 60 days before implementing a plant closing, mass layoff or facility shut-down. While there are some exceptions to these requirements, employers often misrepresent these exceptions in an effort to discourage their employees from asserting their rights under the WARN Act. Several states, including New York, New Jersey, and California have state WARN laws that may offer additional protection for laid-off, or terminated employees.

The

WARN Act lawyer

s of Lankenau & Miller and The Gardner Firm have collectively been appointed as class counsel in more than 90 WARN Act class actions across the United States. We aggressively pursue employee claims in state, federal, and bankruptcy courts.

If you received no written notice of layoff related to a plant closure or mass layoff, or if you were only provided a shortened layoff notice (less than 60 days), then we encourage you to contact one of our WARN Act Lawyers for a FREE consultation.

If your employer or their lawyers have told you that the WARN Act does not apply to your situation, or that they were not required to give you written

WARN Act notice

60 days prior to your layoff or termination, then we encourage you to contact our experienced WARN Act Lawyers for a FREE consultation.

If you have questions about the WARN Act, or are uncertain about your rights regarding a plant closing, mass layoff, or facility shut down, we encourage you to contact one of our lawyers immediately. All WARN Act cases are handled on a contingency basis. There is no cost to you unless we recover money on your behalf. Contact the WARN Act Lawyers of Lankenau & Miller or The Gardner Firm for a FREE consultation.

 

Your Rights If You Did NOT Receive A Written WARN Act Notice
Where a WARN covered "plant closing" or "mass layoff" has occurred and no advance
written notice
is provided to employees or to their union representative (in situations where the workforce is unionized), Courts have unanimously held that such a failure violates the WARN Act and renders the employer liable to each affected employee for sixty days' pay and benefits.

Your Rights If You DID Receive A Written WARN Act Notice
You may still have a WARN claim even if you received a WARN notice.
WARN notices
must provide very specific information, including an explanation for any reduced layoff notice (less than 60 days). Employers and their lawyers may falsely claim in the notice that they were exempt from providing the full 60 days of written WARN Act notice. They may say they thought business would pick up, that they were hit by unforeseeable business circumstances or that they were actively seeking financing. However, Courts have also unanimously held that an employer's failure to include in the reduced written notice an adequate (and true) explanation for the employer's inability to provide 60 days notice will preclude the employer from relying on either of the WARN Act's defenses.

Your Rights If Your Company Has Filed For Bankruptcy
Your WARN Act rights do not evaporate simply because your employer filed for bankruptcy. In most cases, workers pursuing wage claims against a bankrupt employer qualify for priority treatment. Wage and benefit priority claims are paid ahead of trade creditors under bankruptcy law. In one case, our firms were successful in collecting on a WARN class settlement in excess of ten million dollars ($10,000,000) from a bankrupt employer.

Your Rights Against Parent And Related Companies
Under the WARN Act, entities related to your actual employer may also be held liable for WARN Act violations. This allows us to pursue claims against more than one defendant, and is helpful in making larger recoveries in cases where the direct employer is unable to fund settlements or judgments against them.

The WARN Act lawyers of Lankenau & Miller and The Gardner Firm deal with these issues on a daily basis and are experienced in the nuances and complexities of the WARN statute and the case law generated from prior WARN Act cases litigated across the United States. If you have any questions about Federal or State WARN Act laws, please contact us for a FREE confidential consultation.


 
The Alabama Rules of Professional Conduct require the following disclaimer: No representation is made that the quality of the legal services to be performed is greater than the quality of legal services performed by other lawyers.