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The 'Faltering Company' and 'Unforeseen Business Circumstances' Exceptions Under The WARN Act

<b><i>Traps for the Unwary or Lifesavers for the Unlucky?</b></i><p>The WARN Act contains several affirmative defenses that provide employers with a complete defense to liability under the statute when a company's exigent condition forces an immediate cessation of operations. This article identifies the key features (including the benefits and drawbacks) of each.

9 minute read July 07, 2017 at 12:45 AM
By
David Van Pelt
The 'Faltering Company' and 'Unforeseen Business Circumstances' Exceptions Under The WARN Act

As most informed employers and their counsel know, the federal WARN Act requires companies that maintain a facility of 100 or more full-time employees to provide no less than 60 days' written notice to employees affected by a mass layoff or facility closure.

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