The Society for Human Resource Management (SHRM) included in their e-newsletter a reminder about the Worker Adjustment and Retraining Notification Act (WARN) in regards to these tough economic times. Just because a company closes, doesn't mean lawsuits can't still be filled, especially if WARN regulations weren't followed during the closing process.
The WARN is a federal law, and became effective on February 4, 1989. The original intention of the law was for employers to provide notice 60 days in advance of plant closings and mass layoffs. This notice must be provided to either affected workers or their representatives (e.g., a labor union); to the State dislocated worker unit; and to the appropriate unit of local government. This would allow those units time to prepare since so many would be laid off at one time.
The State dislocated worker unit falls under another federal law, the Wagner-Peyser Act. This Act passed in 1933, created a nationwide system of state operated employment service offices to help job seekers find jobs and employers find qualified workers. The federal Workforce Investment Act of 1998, incorporated the employment service offices as part of a statewide career, employment, and training system located in all of Ohio's counties and known as The One-Stop System.
There are quite a few reasons why employers who plan to lay off 50 or more employees decide not to follow the WARN Act. But the advantages out way the disadvantages. The bottom line is the quicker these workers get new jobs the better. Once you look at the panoramic view, you see too many reasons why this is true.
For more information on the WARN Act, see: http://www.doleta.gov/programs/factsht/warn.htm
For more information on the Wagner-Peyser Act, see: www.esd.wa.gov/.../factsheets/wagner-peyser-act-fact-sheet.pdf
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