Warn Act

nichole

I hope someone can help me out. I am taking a business class and we are discussing the Warn Act or the Plant Closing Notification Act. The instructor asked the question, What happens if you do not give a 60 day notice when you close a plant? He posed this as our "bonus" question. Can anyone answer this and is it different for each state? Thanks

System

I "warn" you right now that several forumites do not like answering queries for school tests or papers from students. I am one of them. Now go off and study!!!

System

Thank you!
Go hit the books like the rest!

Pork

DEEZ: Don't be so bold!!! This forum is study, and we have all learned alot on this forum. I, too, recognize that a student gets out of life, work, and education what one puts in to the effort. A better way of responding would be to educate the poster on how to use the congressional library on-line which could pull up the WARN ACT. She could then read the information provided by one of our members. Tell her how to obtain a copy of the handy dandy fed document on the WARN ACT. You can get one from your friendly wage and hour folks in your supporting city.

PORK

System

Pork, I found the poster to basically be metaphorically saying "can you guys give me the answer to this bonus question without me doing a lick of my own research beyond posting on the forum" If he WASN'T saying that then I do indeed apologise and wish him the best with his homework.

Betty I_O

The damages an employer may have to pay if it does not comply with the WARN Act have been the subject of several court cases. The Act states that employers that do not give proper notice can be sued and will be liable to each agrrieved employee for back pay for each day of violation. The majority of Federal circuit courts of appeal have ruled that employers are liable only for what the employee would have earned for "work" days during the period when notice was not given, not for each calendar day in that time period. For example, if notice was given 45 days before the employment loss, back pay damages would be calculated by determining wages that would have been paid for the work days during the first 15 days after the employment loss. One court has even held that back pay includes tips and holiday pay that employees would have earned had they been working (if I recall correctly, this was a case in Nevada). In that case, it also was held that WARN Act damages could not be reduced by severance pay or accrued vacation pay that the employer was otherwise obligated to pay.

In my state (MA), the Federal WARN Act is followed, but there also are additional State notification laws. Violations of those laws are punishable by a fine, imprisonment, or both. WARN also requires employers to notify the State dislocated worker unit when layoffs occur. There could be differences in other States; you need to check for more info.

Don D

[font size="1" color="#FF0000"]LAST EDITED ON 10-07-03 AT 02:37PM (CST)[/font][p]Betty: Your post reminds me of the parent who used to do the book reports for his son when I was in 8th grade. No work at all may get Johnny a B on his homework, but on the final exam, he'll be lucky to get a D.

Pork, protest as you will. Most of us are bothered by students who try to get us to do their work. The question, if you would re-read it, was not, "Can someone refer me to a site where I could research something like this?" Had that been the question, answers would have poured forth. Instead, the question, as has already been said, seemed to be, "Hey, I can get a bonus if you slip me a note with the answer on it."

Any student with a computer knows they can do a google search on the letters WARN ACT and have all the material they want. Any time a person comes forward legitimately and asks for assistance in ferreting out an answer or being referred for research, I am 100% behind helping out. It's the lazy ones I refuse to help because it's not 'help' at all, it's hurting them in the long run.

Nichole: Here's the real deal with Betty's post. Are you going to risk it being true, turn it in and perhaps get a zero; or, are you going to research it and find out if she was correct in the answer she gave you.

Pork

"Dandy Don": Just so happens I too learned late in life that education is more beneficial when the work for research and reading and study is done on one's own interest. I thought that Nicole was a regular HR person and a neophite at the computer like myself. I simply felt that I might have asked that question, if my teacher had ask the question and I'm working on my PHD. Boy I learn something new every day, I'm certainly glad I'm not in Nicole's shoes!

Nicole go eat more pork; it will make your day more Blessed.

PORK

Betty I_O

I am admonished!! I guess I just like to help when I can . . . but now that I KNOW the "rules," ain't gonna be answering any more posts like that one . . .

mwild31

I agree with Deez and the rest. I do agree that this is a 'study' area, but I look at it more as a study area for HR folks in the profession seeking advice to real situations & as a special bonus, there is usually follow-up on the part of the poster as to outcomes. Sorry if I sound harsh, but that's my take on the topic. Thank you to the poster though for stating they are a student & not passing it off as a real question.

You know? Are students paying for a subscription or are the message boards free? If that's the case, maybe I should cancel my subscription and take advantage of just the board.