The Warn Act is extremely tricky since it involves mass layoffs, has mass loopholes and often involves companies whose solvency is dwindling if not done. Recoveries may be complex, so one must examine all possible causes of action including, such as wage and hour, FLSA and examine individual joint liability.
The WARN ACT is the Worker Adjustment and Retraining Notification Act (WARN) which requires certain employers to provide covered employees with at least 60 days’ notice in the event of mass layoffs or plant closings. Oftentimes management has time to plan so the workers should as well.
For workers to have protection under WARN some of the factors that must be present are:
-The Company has over 100 employees nationwide
-A complete layoff of all employees
-Over 50 employees at a particular location or a designated percentage
-Additionally, States may have their own version of WARN
Brown, LLC has successfully prosecuted WARN ACT cases, and despite the risks involved, takes this type of litigation on a contingency meaning the firm is only paid if it succeeds. Even though the statute may call for double damages and attorney fees, plaintiffs should be mindful that if the company is having economic troubles a full recovery may not functionally be possible, but with Brown, LLC, you’ll have attorneys in your corner that are willing to shoulder the risk and expense of a WARN act case.