Kluger Healey Wins Dismissal of WARN Act Claims

On December 11, 2013, Kluger Healey won a substantial victory when the United States District Court  granted our summary judgment motion dismissing all claims against our client for the alleged wrongful termination of employees in violation of the federal and New Jersey statutes that require 60-day advance notification of a mass layoff (i.e., the Worker Adjustment and Retraining Notification Act (WARN) and the Millville Dallas Airmotive Plant Loss Job Notification Act (NJ WARN)).

 After we engaged in protracted discovery and substantial briefing, the federal court  judge adopted our argument that the statutory notice provisions under the WARN and NJ WARN Act did not apply to our client’s reductions in force of numerous employees following the economic downturns in 2009 and 2010.  By securing the dismissal of all claims, our client avoided significant liability to the plaintiffs for back pay and benefits, an award of counsel fees/costs to their attorney, and the $500 per day statutory penalty.

If you have questions relating to this area of employment law, please contact us.