WARN Class Actions in Durham
Were Part of a Mass Layoff Without Any Warning?
Layoffs are an unfortunately common part of the work experience in the United States. Though layoffs come with certain benefits, such as severance and eligibility of unemployment, it doesn’t change the fact that you now have to make some serious adjustments to protect your financial future.
When a business is forced to shut or scale down, mass layoffs are inevitable, but that does not mean you are not entitled to certain rights. Under the WARN Act, you are entitled to at least 60 days’ notice before a mass layoff so that you can start planning ahead. If your former employer failed to provide this notice, you and your former co-workers may have grounds for a class action lawsuit.
What Is the WARN Act?
The Worker Adjustment and Retraining Notification (WARN) Act came into effect in 1989. WARN requires that employers provide 60 days’ notice of mass layoffs. It is important to note that not all mass layoffs are covered by WARN. More than 50 employees in a company with at least 100 employees must be laid off in order for WARN to take effect.
The following criteria are necessary for the WARN Act to take effect:
- Laid off employees must be fulltime—this includes both salaried and hourly employees
- The layoff is not temporary (longer than 6 months)
- The scale back or shut down was not caused by unforeseen circumstances and the employer could have reasonably given employees 60 notice beforehand
- The company was not a temporary institution and there were no estimated timelines for employment
- The employees laid off were not currently engaged in a strike
If an employer has violated the WARN act, the laid-off employees are entitled to back pay for the 60 days that they should have been able to work. Additionally, the employer is hit with a civil penalty up to $500 for each day they violated the WARN Act unless they compensate laid off employees within three weeks of layoff.
Fight for the Compensation You & Your Coworkers Deserve
If you were laid off in violation of the WARN Act, it’s up to you and your former coworkers to take action. At Kornbluth Ginsberg Law Group, our skilled employment lawyers in Durham we can represent you and your group in a class action lawsuit. By filing a successful claim, you may even obtain additional compensation to the 60 days back pay!
Take action against unlawful layoffs in North Carolina! Call (919) 336-1932 today.