The federal law, called the WARN Act, requires an employer to notify its employees in writing at least 60 days before a plant closing or mass layoff takes effect. If the employer fails to provide the required notice, it is legally required to pay the laid off employees their wages for the period during which they should have been on notice.

Raisner Roupinian LLP attorneys represent employees who have lost their jobs in WARN Act violations and helped them recover their back-pay wages. But what is a plant closing and mass layoff?

In a Plant Closing, the Doors Shut and Work Stops

A “plant closing” describes any site of employment in which the work stops and the employees go home. Operations cease. Usually, there is no promise of return. The site can be a building, or group of buildings next to or near each other. It can be one floor of the company’s building, or even a few offices on the floor if they constituted a separate unit of the business. The number of employees at the building, site or unit let go in the shutdown has to be 50 or more full time employees to qualify as a “plant closing.” By full time, the WARN Act means they must have worked an average of 20 or more hours a week and have worked for at least 6 months in the year leading up to the shutdown.

It is important to note that remote employees who report to the site or location are included in the 50 or more headcount. If two people headed a business unit such as “customer support” and worked in a tiny office, the office’s closure would be a plant closing if there were 50 work-at-home employees who reported to it remotely or got their directions from the office.

It does not matter if the rest of the company is doing fine. If 60 days’ notice is not given to the employees of the location in advance of its closing, there is a WARN Act violation. Two defenses, however, may be raised by the employer. One, that it was arranging for new capital to avoid the shutdown 60 days’ prior, which would have been threatened had a WARN notice been delivered, what is known as the “faltering company” exception. Or, two, that the cause of the shutdown was an outside event that 60 days earlier was not foreseeable (the “unforeseeable business circumstances” exception).

In a Mass Layoff some, but not all, are laid off and the company is still operating.

The WARN Act includes a detailed definition of what constitutes a mass layoff:

• The employer must have 100 or more full-time employees who each worked more than six of the prior 12 months and averaged over 20 hours a week of work each.
• 50 or more employees are laid off at a site, and they represent over one-third of the workforce at that site (but if 500 or more employees are laid off at a site, they do not need to meet the one-third requirement).
• 50 or more employees are let go when a worksite is shut down.
• Multiple workforce reductions within a 30-day window are combined into one layoff.
• The 90-day rule combines two or more layoffs that may not meet the threshold individually.

As in a plant closing, the headcount of 50 or more employees affected at a particular site is essential for a mass layoff. But, remote employees who work in the field, such as at home, or on the move in their cars, are also counted to that site, if they report to it or receive instructions from it.

As in a plant closing, there are exceptions. In a mass layoff, however, there is no “faltering company” defense, regardless of whether the employer was seeking new capital or business 60 days before the layoff to avoid it. The “unforeseeable business circumstances” however, may be raised as a defense.

Pay Close Attention to Numbers and the Notice

It is essential, as you can see, to have a trained eye look at the numbers and notices to determine if a WARN mass layoff or site shutdown has occurred.

Often employees may not squarely fall into the category of a worker who is permanently terminated in a mass layoff or shutdown. For example, some employees may be notified that they are being furloughed for a period of time. Some workers may be rehired after a period of time following a mass layoff. Some employees are told that they can apply for other jobs within the company. Finally, some employees may receive an offer of employment by a company that purchases their former employer. In these instances, the employees may still be entitled to WARN notice, or compensated for lack of notice.

Experienced legal assistance is often required to pin down the numbers of affected employees and the terms on which they have been let go, to determine whether their WARN rights have been violated, and to seek redress when violations occur.

The same is true even when “notice” is given. Employees have been told they were “notified” by meetings, word-of-mouth, newspapers, even billboards! Even written messages have been called “WARN” notices although they are filled with extraneous happy talk and opaque omens, or come late, after the employees were shown the door. Experienced eyes are needed to cut through the confusion and show that employees deserved notice and did not get it under the WARN Act.

Raisner Roupinian LLP’s WARN Act practice group provides that experienced legal assistance. Assistance that cuts through the numbers and the wordplay, to get employees the outcome they deserve.

If you believe your employment rights may have been violated under the WARN Act, or want to have your questions answered, please contact the firm through the “Contact Us” form or by calling us at 866-544-9945.

Penalties for Violating the WARN Act

Employers who fail to comply with the WARN Act, either by giving notice too late, or who issue vague notices, may be liable to employees for back pay and benefits for each day of the violation up to a maximum of 60 days, plus civil penalties of up to $500 per day and reasonable attorney’s fees. The amount of back pay owed to each employee may be offset by any wages or benefits paid to employees during the period of violation, and by any “voluntary and unconditional payment” by the employer to the employee that is not required by any legal obligation, such as a severance agreement. Many employers who violate the WARN Act ask their employees to sign “waiver agreements” in exchange for receiving severance pay. It is very important that you consult an attorney before signing such agreement, as it may prevent you from filing other claims against the employer.

Contact Nationwide WARN Act Lawyers

Workers who have lost their jobs in a RIF should consult an Raisner Roupinian LLP lawyer. Please contact the firm through the Contact Us form or by calling us at 866-544-9945.

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This is thanks to the New Jersey WARN Act (Worker Adjustment and Retraining Notification Act or “New Jersey WARN Law”). It is the strongest law protecting laid off employees in the nation. For example, in New Jersey an employee with 10 years of service is entitled to 14 weeks of pay if they do not get 90 days’ notice of termination. In comparison, the federal WARN Act provides only 60 days (about 8 weeks).

Your Rights Under the New Jersey WARN Act

Once a New Jersey employer operates in the state for at least three years and has 100 or more employees, their employees are covered by the New Jersey WARN Law. Employees become entitled to severance and notice pay after their first full year of employment.

Raisner Roupinian LLP attorneys advocate for New Jersey employees–with decades of experience.  They represented 30,000 Toys R’ Us employees in that famous New Jersey shutdown.  Our attorneys assist in drafting WARN statutes for governments, including New Jersey’s current law.  They are proud to enforce New Jersey’s law in courts around the country. It is one of the strongest state WARN Acts in the nation.

Since the law’s enactment in 2023, we have brought successful lawsuits against nationally recognized companies such as Party City. Gail Lin, who is of counsel to Raisner Roupinian LLP, is licensed in the state of New Jersey. She has more than 15 years of experience in New Jersey federal courts.

Laid off New Jersey employees can seek legal representation to help them through a very difficult time. To learn more, please contact us.

Benefits of the New Jersey WARN Act

The New Jersey WARN Law provides more protection for employees who suffer mass layoffs and shutdowns than federal WARN or other state laws. That is because it provides mandatory severance even if your employer provides adequate advance notice of your termination. What happens, if the employer does not provide 90 days’ advance notice – the longest notice period in the country?  – The employer pays 4 additional weeks of “notice pay.” It also pays for the value of your benefits for the length of the notice violation.

These additional protections of the New Jersey WARN law are also unique:

• Increased Notice Period: The New Jersey WARN Act now requires notice 90 days before the first termination due to a mass layoff, transfer, or termination of operations (versus 60 days under the federal WARN Act).
• Part-time employees included in headcount.  A business with 100 or more employees must provide notice before a reduction in force. There is no distinction between full-time and part-time employees in determining whether a business meets the 100-headcount threshold.
• Broadened Employer Definition: The definition of an “employer” includes individuals, partnerships, corporations, or any person or group acting on behalf of an employer in relation to an employee. In addition to suing their company, employees may sue its corporate parent and even individual owners and managers when they do not receive 90 days’ notice under certain circumstances.
• Definition of Mass Layoff:  No longer requires “single establishment” or 33 percent of headcount. The definition of a mass layoff includes reductions in force affecting at least 50 employees in New Jersey within a 30-day period. Regardless of where the employees worked.
• Mandatory Severance Pay: Covered New Jersey employers must provide severance pay equivalent to one week of pay per full year, without a limit on the years of service.  For example, an employee with 20 years of service must be paid 20 weeks of severance. This applies even when the employer complies with the New Jersey WARN Act’s 90-day notice requirement. If an employer fails to give the full 90-day notice, an additional four weeks of severance pay is due. This is on top of the mandatory severance payment.
• Limited Defenses: Other WARN Acts excuse violations when mass layoffs occur due to unforeseeable business circumstances. Or when the “faltering company” had sought new capital or business. The New Jersey WARN Act excuses violations in rare shutdowns due to fire, flood, natural disaster, national emergency, act of war, civil disorder or industrial sabotage, or decertification from participation in the Medicare and Medicaid programs.
• Private Releases Forbidden: Employers often offer a modest payment to “release” potential WARN claims. Then, the employee cannot later sue the company for violating their WARN rights. Those releases or waivers are invalid without approval by a court or the Commissioner of Labor and Workforce Development.

Fighting for Your Severance, Termination Pay, and Benefits

The WARN Act attorneys at Raisner Roupinian LLP advocate for hard-working employees who work for New Jersey companies.  We seek severance of one week of pay for each year worked in addition to “notice pay” for 4 additional weeks. Plus, other potential compensation under the New Jersey WARN Act.  

Contact Us

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Beyond the protection provided by the federal Worker Adjustment and Retaining Notification (New York WARN) Act, the New York WARN Act goes a bit further in ensuring compensation and benefits for hard-working residents. Few attorneys have the knowledge of our WARN Act lawyers, Jack A. Raisner and René S. Roupinian. They filed what may be the very first class action under the New York WARN Act. Few firms boast our breadth of experience and nationwide scope in class action litigation.

You have rights following a layoff. Protecting them is paramount to the attorneys at our firm. Contact Us at 1-866-544-9945.

New York WARN Act Expanding on Federal Regulations

With more employees covered and longer notice required, New Yorkers can count on greater protection under the state mandates. WARN Act litigation attorneys Jack A. Raisner and René S. Roupinian will educate you on the pros and cons of the New York WARN Act and move forward with a claim.

The New York WARN Act requires the following:

• Employers with 50 or more full-time employees (federal is 100) must provide advance written notice of a shutdown, layoff or relocation of at least 50 miles.
• Notice must come within 90 days (an increase of 30 over the federal WARN Act) prior to job loss.
• The layoff involves 25 or more full-time employees (federal is 50) that represent 33 percent of the workforce or over 250 (as opposed to 500) staff members.
• The 60-day period of back pay awards counts calendar days, not working days.
• Notice is required for certain relocations.

Personalized Representation from a Nationwide Firm

Raisner Roupinian LLP is a premier nationwide WARN Act employment law firm. We litigate in state, federal, and bankruptcy courts across the United States.

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Under Maryland state law, employers are asked to voluntarily comply with the state guidelines regarding mass layoffs.  The law is intended to apply to employers that have been in business for at least one year.  The guidelines recommend that 90 days’ advance notice be given by the employer when it plans to relocate a facility or lay off at least 25 percent of its workforce, or 15 employees, over any 3-month period.  The voluntary guidelines also address continuation of health insurance and pension benefits and severance pay for the employees affected by relocations, layoffs, or shutdowns.

The WARN Practice at Raisner Roupinian LLP comprises nationally-recognized employment law and class action litigation attorneys skilled in this specific area of law.  Few law firms or attorneys have experience and knowledge on par with the attorneys at Raisner Roupinian LLP when it comes to the WARN Act. We have the resources and nationwide scope to assist you in your claims, whether it’s informing you of the relevant law or filing and litigating an action on your behalf.

For more information or to schedule a free telephone consultation with an experienced lawyer regarding a layoff violation in Maryland, please  Contact Us.

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The Federal WARN Act also protects your rights. Under the WARN Act, companies that carry out mass layoffs or plant closings without providing proper notice may violate the law and be required to pay employees up to 60 day’s pay. The seasoned WARN Act attorneys at Raisner Roupinian LLP will work to seek compensation when workers’ rights are violated.

For a layoff or plant closing to qualify under the federal WARN Act, the following must be met:

• Employers must have 100 or more full-time employees who work more than six of the past 12 months and average over 20 hours a week (note that most government employers are not covered).
• For a Mass Layoff: 50 or more laid-off employees at a site comprising over a third of the workforce at a site are terminated (500 or more do not need to meet the 1/3 ratio).
• For a Plant Closing or Shut Down: 50 or more employees are let go from the shut worksite.
• Workforce reductions within a 30-day window are combined into one Mass Layoff.
• Workforce reductions within a 90-day period may constitute a Mass Layoff, if the threshold layoff numbers above are not met within a 30 day period.

WHICH LAW APPLIES, STATE OR FEDERAL?

If you are confused by the federal and state WARN Acts, you are not alone. Your best strategy is to consult with a seasoned attorney at Raisner Roupinian LLP. We have litigated WARN Act cases all around the country, including Massachusetts.

Contact Us

For more information or to schedule a free telephone consultation with an experienced lawyer, please Contact Us .

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With a nationwide practice of WARN Act litigation, we naturally represent clients in New Hampshire.
Contact Us at 1-866-544-9945.

Beyond the protection provided by the federal Worker Adjustment and Retraining Notification, the New Hampshire WARN Act goes a bit further in ensuring compensation and benefits for hard-working residents. Few attorneys have the knowledge of our WARN Act lawyers, Jack A. Raisner and René S. Roupinian. Few firms boast our breadth of experience and nationwide scope in class action litigation.

You have rights following a layoff. Protecting them is paramount to the attorneys at our firm. Contact Us at 1-866-544-9945.

New Hampshire WARN Act Expands on Federal Regulations

With more employees covered, New Hampshire can count on greater protection under the state mandates. WARN Act litigation attorneys Jack A. Raisner and René S. Roupinian will educate you on the pros and cons of the New Hampshire WARN Act and the federal WARN Act.

The New Hampshire WARN Act provides additional rights to New Hampshire employees, including the following:

• Employers with 75 or more full-time employees (federal is 100) must provide advance written notice of a business closing or mass layoff.
• Notice must come within 60 days prior to job loss.
• The shutdown need only affect 50 (federal is also 50) or more full-time employees to trigger New Hampshire WARN rights.
• The layoff at a single site need only involve 25 or more full-time employees (federal is 50) constituting 33% during any 30 day period, or 250 (federal is 500).
• Recovery is up to 60 days wages and benefits.

For more information or to schedule a free telephone consultation with an experienced lawyer regarding a layoff violation in New Hampshire, please Contact Us.

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At Raisner Roupinian LLP in New York, New York, we have represented Ohio residents stunned by an immediate shutdown of their employer. Attorneys Jack A. Raisner and René S. Roupinian have successfully held high-profile employers responsible when they violate the Worker Adjustment and Retaining Notification (WARN) Act rights of their loyal employees.

With a nationwide practice of WARN Act litigation, we naturally represent clients in Ohio, the “birthplace” of the WARN Act. Contact Us at 1-866-544-9945.

Ohio Employees Need Protection Under the WARN Act

Job losses in Ohio increase year after year. Currently the state ranks second to Michigan’s job losses over a seven-year period. With that in mind, the WARN Act was sponsored by late U.S. Senator Howard Metzenbaum. His successor, Sherrod Brown, and other United States senators continue to champion the cause of protecting hard-working people in Ohio and throughout the country.

Facing Large Ohio Corporations Who Violate the WARN Act

At Raisner Roupinian LLP, we have advocated aggressively for employees facing off against high-profile employers who break the law, including Ohio-based Archway Cookies, WARN Act attorneys Jack A. Raisner and René S. Roupinian have the experience, legal knowledge and resources to overcome the obstacles of this complex form of class action litigation.

If you and your co-workers have been the victim of a layoff, do not just accept it and move on to the next phase of your career. You could be walking away from the compensation and benefits you deserve. Let us help

Contact Us

For more information or to schedule a free telephone consultation with an experienced lawyer regarding a layoff violation in Ohio, please Contact Us .

Read the following articles relating to the Ohio WARN Act: Archway, Mazer.

Your WARN Rights in Illinois

With a nationwide practice of WARN Act litigation, we naturally represent clients in Illinois, the state of former Sen. Barack Obama, co-sponsor of the FOREWARN Act. Contact Us at 1-866-544-9945.

Illinois WARN Acts Expands on Federal Regulations

With more employees covered, Illinois employees can count on greater protection under the state mandates. WARN Act litigation attorneys Jack A. Raisner and René S. Roupinian will educate you on the pros and cons of the Illinois Act and move forward with a claim.

The Illinois WARN Act goes a further than the federal WARN Act in protecting the hard-working employees in Illinois from shut downs and mass layoffs. The Illinois WARN Act applies to:

• Employers with only 75 or more full-time employees (the federal law requires 100)
• Mass layoffs of only 25 or more full-time employees (the federal law requires 50) who are laid off if they constitute one-third or more of the full-time employees at the site, or
• Shut downs or layoffs of 250 or more full-time employees (the federal law requires 500).

For more information or to schedule a free telephone consultation with an experienced lawyer regarding a layoff violation in Illinois, please Contact Us .

Your WARN Rights in Wisconsin

With a nationwide practice of WARN Act litigation, we naturally represent clients in Wisconsin. Contact Us at 1-866-544-9945.

Beyond the protection provided by the federal Worker Adjustment and Retaining Notification, the Wisconsin WARN Act goes a bit further in ensuring compensation and benefits for hard-working residents. Few attorneys have the knowledge of our WARN Act lawyers, Jack A. Raisner and René S. Roupinian. Few firms boast our breadth of experience and nationwide scope in class action litigation.

You have rights following a layoff. Protecting them is paramount to the attorneys at our firm. Contact Us at 1-866-544-9945.

Wisconsin WARN Act Expands on Federal Regulations

With more employees covered, Wisconsin can count on greater protection under the state mandates. WARN Act litigation attorneys Jack A. Raisner and René S. Roupinian will educate you on the pros and cons of the Wisconsin WARN Act and move forward with a claim.

The Wisconsin WARN Act provides greater rights to Wisconsin employees, including the following:

• Employers with 50 or more full-time employees (federal is 100) must provide advance written notice of a business closing or mass layoff
• Notice must come within 60 days prior to job loss.
• The shutdown need only affect 25 (federal is 50) or more full-time employees to trigger Wisconsin WARN rights.
• The layoff need only involve 25 or more full-time employees (federal is 50) that represent 25 percent of the workforce or 500 employees.

For more information or to schedule a free telephone consultation with an experienced lawyer regarding a layoff violation in Wisconsin, please Contact Us .

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The Federal WARN Act applies to mass layoffs or shutdowns in the following situations:

• Employers must have 100 or more full-time employees who work more than six of the past 12 months and average over 20 hours a week (note that most government employers are not covered).
• For a Mass Layoff: 50 or more laid-off employees at a site comprising over a third of the workforce at a site are terminated (500 or more do not need to meet the 1/3 ratio).
• For a Plant Closing or Shut Down: 50 or more employees are let go from the shut worksite.
• Workforce reductions within a 30-day window are combined into one Mass Layoff.
• Workforce reductions within a 90-day period may constitute a Mass Layoff, if the threshold layoff numbers above are not met within a 30 day period.

Does the WARN Act apply to me?

If you are confused by the statutes associated with federal and state WARN Acts, you are not alone. Your best strategy is to consult with a seasoned attorney at Raisner Roupinian LLP. We are one of the only employment law firms in the nation, solely focused on WARN Act cases all over the country.

Contact Us

For more information or to schedule a free telephone consultation with an experienced lawyer, please Contact Us .

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Layoffs and Plant Closings Hurt Workers.

Mass layoffs and plant closings in the Virgin Islands affect not only workers, but families and communities. In a territory with many different industries and areas that are experiencing changes, the federal and state WARN Acts can provide some protection if you lose your job as part of a mass layoff or shutdown. The WARN Practice Group at Raisner Roupinian LLP will work hard to vigorously represent you.

The law of the Virgin Islands impose obligations similar to those under the federal WARN Act, but instead of 60 days’ notice, employers must provide at least 90 days’ advance notice before carrying out a mass layoff. This requirement can apply to layoffs of as few as 10 employees.

The Federal WARN Act applies to mass layoffs or shutdowns in the following situations:

• Employers must have 100 or more full-time employees who work more than six of the past 12 months and average over 20 hours a week (note that most government employers are not covered).
• For a Mass Layoff: 50 or more laid-off employees at a site comprising over a third of the workforce at a site are terminated (500 or more do not need to meet the 1/3 ratio).
• For a Plant Closing or Shut Down: 50 or more employees are let go from the shut worksite.
• Workforce reductions within a 30-day window are combined into one Mass Layoff.
• Workforce reductions within a 90-day period may constitute a Mass Layoff, if the threshold layoff numbers above are not met within a 30 day period.
• The 90-day rule combines two layoffs that may not meet the threshold individually.

Does the WARN Act apply to me?

If you are confused by the statutes associated with federal and state WARN Acts, you are not alone. Your best strategy is to consult with a seasoned attorney at Raisner Roupinian LLP. We are one of the only employment law firms in the nation, solely focused on WARN Act cases all over the country.

Contact Us

For more information or to schedule a free telephone consultation with an experienced lawyer, please Contact Us .

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Layoffs and Plant Closings Hurt Tennessee Workers.
Mass layoffs and plant closings in Tennessee affect not only workers, but families and communities. In a state with many different industries and areas that are experiencing disruptive changes, the federal and state WARN Acts can provide some protection if you lose your job as part of a mass layoff or shutdown. The WARN Practice at Raisner Roupinian LLP will work hard to vigorously represent you.

Does the Tennessee Law Apply?

Tennessee’s “Plant Closing and Reduction in Operations” Act applies to employers employing at least 50 to 99 employees, relocations greater than 50 miles, full or partial closings, workplace modernization that results in displacement of workers, and other management decisions that result in a reduction of at least 50 employees over a three month period.

The state law requires covered employers to notify the state’s Dislocated Worker Unit (DWU) at the time the employer notifies its employees of the reduction in operations.

Although layoffs or closures affecting fewer than 50 employees are not covered by either the federal WARN Act or Tennessee state law, employers are strongly encouraged to file a notice so their employees can receive all possible services and benefits from the state.

Does the Federal WARN Act Apply?

The Federal WARN Act applies to mass layoffs or shutdowns in the following situations:

• Employers must have 100 or more full-time employees who work more than six of the past 12 months and average over 20 hours a week (note that most government employers are not covered).
• For a Mass Layoff: 50 or more laid-off employees at a site comprising over a third of the workforce at a site are terminated (500 or more do not need to meet the 1/3 ratio).
• For a Plant Closing or Shut Down: 50 or more employees are let go from the shut worksite.
• Workforce reductions within a 30-day window are combined into one Mass Layoff.
• Workforce reductions within a 90-day period may constitute a Mass Layoff, if the threshold layoff numbers above are not met within a 30 day period.
• The 90-day rule combines two layoffs that may not meet the threshold individually.

If you are confused by the statutes associated with federal and state WARN Acts, you are not alone. Your best strategy is to consult with a seasoned attorney at Raisner Roupinian LLP. We are one of the only employment law firms in the nation, solely focused on WARN Act cases all over the country. We have litigated WARN cases throughout the country, including Tennessee. For more information or to schedule a free telephone consultation with an experienced lawyer, please Contact Us.

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