What Are My Rights?
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 can answer your questions. If we determine that your claim is valid, we will purse 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.
If you are uncertain about your rights regarding being let go as part of a mass layoff, we encourage you to call our New York City based law firm at (212) 581-5005. You can also fill out the form on our contact us page.
Your Rights Under the WARN Act
The WARN Act generally requires that employees, or their union representative, receive 60 days advance notice of a plant closing, mass layoff, or relocation of a job duty to an overseas location. Congress passed the WARN Act in 1988 in an effort to ensure employees receive advance notice of a mass layoff.
- The right to a 60 day notice.
- The right to recover pay and benefits.
- The right to receive adequate warning. This adequate warning gives individuals time to look for and find a new job.
- The right to an explanation if you don’t receive 60 days notice.
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 ten million dollars 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, other related entities may also be held liable if they were closely involved in the employers 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.
If you have been let go from your job as part of a mass layoff or plant closing without 60 days written notice, you may have rights under the WARN Act.