An employer decides to downsize to cut costs. It plans to eliminate 100 jobs out of 250 total jobs. The employer notifies the employees' union representative on May 15. The layoffs will be effective May 30. If the employer's action is legally challenged, a court would most likely decide:
A)For the employer because it is not large enough to be covered under the WARN Act
B)For the employer because there is no plant closing or mass layoff that would trigger the WARN Act's requirements
C)For the employees because they did not receive individual notification as required by the WARN Act
D)For the employees because they did not receive the amount of advance notice of a mass layoff required by the WARN Act

Question

An employer decides to downsize to cut costs. It plans to eliminate 100 jobs out of 250 total jobs. The employer notifies the employees' union representative on May 15.  The layoffs will be effective May 30. If the employer's action is legally challenged, a court would most likely decide:
A)For the employer because it is not large enough to be covered under the WARN Act
B)For the employer because there is no plant closing or mass layoff that would trigger the WARN Act's requirements
C)For the employees because they did not receive individual notification as required by the WARN Act
D)For the employees because they did not receive the amount of advance notice of a mass layoff required by the WARN Act

Quizplus · Accepted Answer

The WARN Act requires employers with 100 or more employees to provide at least 60 days advance notice of a mass layoff affecting 50 or more employees at a single site of employment. In this scenario, the employer only provided 15 days notice before the layoffs, which is less than the 60 days required by the WARN Act.

An Employer Decides to Downsize to Cut Costs