Legal Question in Business Law in South Carolina

I have a question about the "WARN ACT". I was working on May 13th, 2011 like any other day. I get off work normally at 2:30pm. On this particular day at 2:00pm I was called to the office, and was told there where cut backs in the facility, and that Friday was my last day. I was given NO notice what so ever. I even asked about the "WARN ACT" and was told that it did not pertain to me. I find this hard to believe after everything I have read on this. Could some one please let me know what I should or need to do. I have a house payment along with insurance and other bills I need to pay. With no income that would be impossible. The company that I worked for is a Global company and has was more that 100 employees. Do I qualify for the WARN act payment????? I really need it!!!!


Asked on 5/19/11, 10:13 pm

1 Answer from Attorneys
Kevin B. Murphy Franchise Foundations, APC

As a Franchise Attorney I can say the following about the federal WARN Act. It requires most employers with 100 or more employees to provide notification 60 calendar days in advance of plant closings and mass layoffs. Whether yours was a "mass layoff" or a routine cutback is the critical issue that is not disclosed from the facts. There is also an exception to having to give a WARN notice. If an employer believes their situation is the result an economic crisis, it may apply the unforeseen business circumstance exception. Consult with a good business or franchise attorney in your area for specific advice.

Mr. Franchise - Kevin B. Murphy, B.S., M.B.A., J.D.

Franchise Foundations, a Professional Corporation

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Answered on 5/20/11, 6:20 am


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