Mass Layoffs: Warn Act Attorneys

Were you laid off in a mass layoff without proper advance notice?

The Worker Adjustment and Retraining Notification Act (‘WARN” Act), enacted in 1988, is a federal law that requires employers to provide at least sixty days advance written notice to employees in the event of mass layoffs and plant closings, allowing workers adequate time to seek employment elsewhere.

A number of states, including California, Illinois, New Jersey, and New York, have their own versions of the WARN act. These state WARN Acts may differ slightly from the Federal WARN Act. Please refer to the list on the left sidebar for more information about the provisions of each state's WARN Act.

WARN Act Requirements

The WARN Act generally applies to employers with 100 or more employees (excluding employees who have worked for less than six months and those who work less than 20 hours per week). A “mass layoff” is defined as a layoff which results in the loss of 50 employees that comprise at least of 33% of the employee workforce, or 500 employees regardless of workforce percentage. The WARN Act also applies when a work site or division is shut down, rsulting in the loss of 50 or more jobs.

The WARN Act applies to both hourly and salaried employees, including those in managerial and supervisory positions. Notice must be provided to either the affected employees or their representative, such as the head of the employees' labor union.

If an employer violates the WARN Act by failing to provide proper notification of a mass layoff, employees may be entitled to compensation, including back pay or benefits, for the period of violation. Workers may bring individual or class action lawsuits against employers who have failed to comply with the WARN Act.

What should I do if I believe my former employer violated the WARN Act?

If you believe that you or your colleagues were denied the notification required by the WARN Act, or that your employee rights have otherwise been violated, please fill out the form to the right or call us at (866) 981-4800 for a free consultation with a WARN Act attorney.

WARN Act Class Action Lawsuits Update

SPANSION WARN ACT CLASS ACTION LAWSUIT

Girard Gibbs filed class action lawsuit on behalf of terminated Spansion employees. To learn more about the case and receive updates regarding the status of the case, please visit our Spansion WARN Act Class Action page.

FLEETWOOD WARN ACT CLASS ACTION LAWSUIT

Girard Gibbs filed class action lawsuit on behalf of terminated Fleetwood Enterprises employees. To learn more about the case and receive updates regarding the status of the case, please visit our Fleetwood Enterprises WARN Act Class Action page.

Important Note: This summary is intended to provide a basic overview of the typical types of employment cases handled by our firm. It is for informational purposes only and does not constitute legal advice.

Why Girard Gibbs LLP?

Girard Gibbs is a national litigation firm specializing in securities litigation, consumer class actions and complex business litigation. Girard Gibbs' managing partner Daniel Girard was voted one of Northern California's Super Lawyers in 2007, 2008, and 2009 by Law & Politics, recognizing him as one of the top 5-percent of attorneys practicing in Northern California.