Legal Question in Employment Law in New Jersey

Due to an involuntary layoff, I am seeking counsel on:

1) Worker Adjustment and Retraining Notification Act compliance

2a) On May 20th I sent a Medical Leave Email to HR. On May 27th

2b) On May 27th I received a phone call and letter advising Reduction In Force lay-off. Same-day loss of job, loss of medical coverage.


Asked on 6/03/10, 7:26 am

1 Answer from Attorneys
Fred Shahrooz Scampato Law Office of Fred Shahrooz Scampato

The critical issue to be determined is whether the decision to RIF you was decided before May 20. If your employer made that decision before May 20, 2010, then they will argue that they laid you off as a result of rendering a legitimate, non-discriminatory employment decision. Did they tell you when the decision was made?

Compliance with the Worker Adjustment and Retraining Notification Act (WARN) is only mandatory where an employer with 100 or more employees is planing to close a plant or conduct mass layoffs. Is that the factual circumstances?

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Answered on 6/03/10, 10:38 am


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