Nationwide Advocates For Employees

What Are My Rights Under the Warn Act?

If you are wondering, “What are my rights under the WARN Act?” a lawyer from Lankenau & Miller, LLP, can answer your questions. If we determine that your claim is valid, we will pursue your claim to its fullest extent.

Our WARN Act lawyers have established a national reputation for providing WARN Act claimants with effective representation and favorable outcomes.

Employees’ Rights Under The WARN Act

The WARN Act (Worker Adjustment and Retraining Notification Act) of 1988 is a federal law requiring large employers to give workers prior notice before conducting mass layoffs, closing plants or moving jobs overseas.

If you’re an employee in one of those scenarios, you have rights. You may have a WARN Act claim if you didn’t receive at least 60 days’ notice (or an explanation as to why the notice wasn’t provided). If successful, you could recover back pay and benefits coverage.

Your Rights If Your Company Has Filed For Bankruptcy

You do have rights if the company that let you go filed for bankruptcy, whether the bankruptcy filing was before or after the layoffs. In fact, WARN Act claims are considerable and therefore take priority over other creditors in bankruptcy court. If you were let go as part of a mass layoff or if your job was outsourced to another country, you have rights. The wage claim judgments are taken from the corporate estate. In one case, our firm was successful in obtaining in excess of $10 million from a bankrupt employer.

Your Rights Against Parent And Related Companies

Under the WARN Act, not only is the actual employer required to assume you received your WARN notice but other related entities may also be held liable if they were closely involved in the employer’s business.

Your Rights If You Did Receive Notice

You may still have rights if you received a WARN notice. The notice needs to provide very specific information, including an explanation for any reduced notice. Employers often falsely claim in the notice that they were exempt. They may say they thought business would pick up. They may say they were seeking financing. We deal with these issues on a daily basis and are experienced in the nuances of and exceptions to the WARN Act.

Find Out If You Have A WARN Act Case

Contact our attorneys online or by phone at 212-581-5005 to find out if your rights have been violated following a mass layoff, plant closing or job relocation. Based in New York City, we handle WARN Act class action cases nationwide.