Closings/Layoffs

  • Closings/Layoffs

    The attorneys at Hardwick Benfer, LLC assist employees who have lost their jobs because of company closings or layoffs.

  • Company Closing

    The Worker Adjustment and Retraining Notification Act (WARN) requires employers with 100 or more employees to provide their employees with at least 60 calendar days advance written notice of a plant closing affecting 50 or more employees at a single site of employment.

    Exceptions to the WARN Act includes: layoffs due to unforeseeable business circumstances, faltering companies, and natural disasters.

  • Restructuring

    A company has the right to reorganize and restructure its personnel for legitimate business reasons. Employers cannot use the pretext of reorganizing/restructuring to commit employment discrimination, i.e., to terminate or demote an employee based on age.

  • Layoffs/Reduction in Work Force (“RIF”)

    The Worker Adjustment and Retraining Notification Act (WARN) requires employers with 100 or more employees to provide its employees with at least 60 calendar days advance written notice of a mass layoff affecting 50 or more employees at a single site of employment.

    Exceptions to the WARN Act includes: layoffs due to unforeseeable business circumstances, faltering companies, and natural disasters.

    The WARN Act does not apply to regular federal, state, local, or federally recognized Indian Tribal government entities that provide public services.

    Employees entitled to notice under WARN include managers and supervisors, as well as hourly and salaried workers. WARN requires that notice also be given to employees’ representatives, the local chief elected official, and the state dislocated worker unit.