Nicholas Pappas Liability Under State Law for Causing WARN Act Violations
In this edition of his Employment Law column, Nicholas Pappas discusses 'Ien v. TransCare (In re TransCare)', a bankruptcy court decision that has allowed Chapter 7 trustees to assert claims for breach of fiduciary duty against officers and directors for causing the debtor to violate the WARN Act. He also offers some practical suggestions employers should consider while contemplating compliance with the WARN Acts.
December 06, 2022 at 10:00 AM
10 minute read
In the face of recent reductions-in-force and predictions of a recession (Harriet Torry & Anthony DeBarros, Economists Now Expect a Recession, Job Losses by Next Year, Wall St. J., Oct. 16, 2022), employment lawyers are dusting off their research regarding the federal Worker Adjustment and Retraining Notification Act, 29 U.S.C. 2101 et seq., and similar state laws (the WARN Acts). These laws require employers to provide workers at least 60 days' advance notice of plant closings or mass layoffs.
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