Worker Adjustment and Retraining Notification (WARN)

Plant closings and mass layoffs are an unfortunate reality faced by many businesses, and employers must be aware of the legal obligations they face under such circumstances. The federal Worker Adjustment and Retraining Notification Act (“WARN Act”) and its state law counterparts require that employers provide notice of mass layoffs and plant closings when a certain number of employees suffer employment losses. The process of determining whether notice is required and when and to whom it must be given is often complicated, especially given the fact that many states, including Illinois, New York and California, have passed their own plant closing/mass layoff statues, with differing notice requirements. McMahon Berger attorneys have extensive experience and knowledge of the notice requirements of the federal WARN Act and its regulations, as well as the differing requirements of state law plant closing and mass layoff laws and regulations.

Advising Clients

McMahon Berger attorneys have regularly advised human resources professionals and executives about their legal obligations under the WARN Act since the statute was passed in 1988. McMahon Berger assists employers in understanding under what circumstances notice of a mass layoff or plant closing is required, to whom notice must be given, and the timing and content of such notices. We also provide advice on procedures for mass layoffs or closings when employees are represented by unions, and when WARN Act obligations intersect with obligations under the National Labor Relations Act.

As more and more states pass “mini WARN Acts,” McMahon Berger attorneys also counsel employers on the various state plant closing and mass layoff statutes and regulations, which often have lower thresholds for notice than the federal WARN Act. McMahon Berger tracks and keeps clients apprised of new state legislation and regulations governing plant closings and mass layoffs. Such advice offers a pragmatic approach to avoiding expensive and costly litigation.

Defending Claims

McMahon Berger’s extensive experience representing employers facing plant closings and mass layoffs makes its attorneys uniquely qualified to defend WARN Act claims, as well as claims under state plant closing and mass layoff statutes. McMahon Berger attorneys have successfully represented employers in WARN Act claims from individual claims in state court, to class actions in federal court, to appeals in both the federal Courts of Appeals and the United States Supreme Court. McMahon Berger has an excellent record of achieving favorable results for clients, while at the same time providing cost-effective and efficient litigation services, even in the most complex cases.

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