Third Circuit: WARN Notice Requirements Apply if Layoff is “Probable,” Not “Possible”
APPLIES TO All Employers with DE, NJ, PA, and Virgin Islands Employees |
EFFECTIVE August 4, 2017 |
QUESTIONS? Contact HR On-Call |
The Third Circuit Court of Appeal recently joined other courts in stating that employers must obey the notice requirements required under the Worker Adjustment and Retraining Notification (“WARN”) Act when a layoff is “probable,” that is, more likely than not to occur. A layoff or business closure being simply “possible” does not necessarily trigger the notice requirements of the WARN Act.