WARN Act

Assisting Clients With Understanding The WARN Act in Florida

Facing unexpected layoffs can be devastating for employees and their families. The federal Worker Adjustment and Retraining Notification (WARN) Act was designed to protect workers by ensuring they receive advance notice of mass layoffs or business closures. If you believe your employer has violated the WARN Act, you may have legal recourse to seek compensation for the harm caused. At Kwall Barack Nadeau PLLC, we are committed to helping employees navigate the complexities of the WARN Act and hold employers accountable for their obligations under the law.

Call Kwall Barack Nadeau PLLC today at (727) 202-5840 or contact us online to schedule a consultation.

What is the WARN Act?

The WARN Act is a federal law that requires employers with 100 or more employees to provide at least 60 days’ notice before implementing mass layoffs or closing a facility. The purpose of the law is to give workers and their families time to prepare for the loss of employment, seek alternative work, or pursue retraining opportunities. The law applies to both private-sector employers and certain public and quasi-public entities.

A mass layoff under the WARN Act is defined as a reduction in force that affects either 50 or more employees at a single site of employment (if they constitute at least one-third of the workforce at that site) or 500 or more employees regardless of the percentage of the workforce. Additionally, the Act requires notice to be given not only to affected employees but also to state dislocated worker units and the local government where the business is located.

Common WARN Act Violations

Some of the most common violations include:

• Failure to Provide Notice: Employers may fail to give the required 60 days’ notice before a mass layoff or facility closure. In some cases, they might provide no notice at all, leaving employees suddenly jobless without any warning.
• Inadequate Notice: Employers might provide notice, but it could fall short of the 60-day requirement. Providing insufficient notice still constitutes a violation of the WARN Act.
• Improperly Categorizing Layoffs: Some employers may attempt to avoid their obligations by misclassifying layoffs. For example, they might argue that the layoffs were temporary or did not meet the threshold of a "mass layoff" under the WARN Act.
• Misleading or Incomplete Notice: The law requires that notices be specific and informative, including details such as the layoff date, the reasons for the layoff or closure, and the affected job titles. Notices that are vague, misleading, or incomplete may violate the WARN Act.
• Failure to Notify All Required Parties: Employers must notify employees, the local government, and the state’s dislocated worker unit. Failing to notify these entities is another common violation.

How Our WARN Act Lawyers Can Help You

We can assist you by:

• Legal Consultation and Case Evaluation: We will thoroughly review the circumstances of your layoff or facility closure to determine whether your employer has violated the WARN Act. We will explain your rights under the law and outline the potential legal options available to you.
• Evidence Collection and Analysis: Successfully pursuing a WARN Act claim often requires gathering and analyzing various forms of evidence, such as employment records, communications from the employer, and company policies. We will work diligently to collect and evaluate all necessary evidence to build a strong case on your behalf.
• Representation in Negotiations: In many cases, negotiations with the employer can resolve disputes under the WARN Act. We are skilled negotiators who will advocate for a fair settlement that compensates you for the lack of proper notice and any resulting damages.
• Litigation Support: We are prepared to take your case to court if a fair settlement cannot be reached through negotiations. We will represent you at every stage of the litigation process, from filing the lawsuit to presenting evidence and arguments in court, to ensure that your rights are fully protected.
• Securing Compensation: Under the WARN Act, employees who did not receive proper notice may be entitled to up to 60 days’ worth of back pay and benefits. We will work tirelessly to secure your maximum compensation under the law.

Contact Us Today

If you suspect that your employer has violated the WARN Act, don’t wait to seek legal assistance. Time is of the essence in these cases, and you need an experienced legal team to help you navigate the complexities of the law. Contact Kwall Barack Nadeau PLLC today to schedule a consultation and take the first step toward protecting your rights and securing the compensation you deserve. We are here to help you every step of the way.

Contact Kwall Barack Nadeau PLLC today to get started with our team.