The WARN Act (Worker Adjustment and Retraining Notification Act) provides employees and their families time to adjust to the loss of a job. It gives them time to find new work or obtain new skills to compete successfully in the job market. The WARN Act, therefore, prohibits mass layoffs unless the employer first gives 60 days’ written notice to each affected employee. The WARN Act requires the employer who does not comply to pay up to 60 days of wages and benefits to each affected employee. Even when the mass layoff accompanies the company’s filing for bankruptcy, the WARN Act’s obligations remain intact.
But Congress did not give the right to this 60-day notice to all employees in all situations. Unfortunately, the WARN Act has gaps and grey areas —as to how and when the law applies—which employers often exploit.
Raisner Roupinian attorneys and employees focus on fighting for employees’ rights by enforcing the WARN Act and clarifying it in federal courts around the country.
State WARN Acts
Employees find their strongest protections against sudden mass layoffs in state laws. These laws go beyond the federal WARN Act. Some, like New York’s and New Jersey’s, require notice in smaller layoffs and shutdowns. The laws of California and New Jersey do not allow employers to avoid giving notice caused by unexpected circumstances. New Jersey does not permit employers to forgo notice simply because they lack funds and are seeking to raise money.
In the courts, Raisner Roupinian has successfully represented thousands of employees by establishing the breadth of coverage of these laws. Outside of the courts, Raisner Roupinian work with legislators to make strong notice laws the rule, not the exception.