Wrongful Termination · California & New York
WARN Act Violations Attorney
Dealing with a warn act violations issue? Our California & New York employment attorneys can help you get the compensation you deserve.
Free Case ReviewCommon WARN Act Violations Scenarios
What You Can Recover in a WARN Act Violations Case
If you have experienced warn act violations, California and New York law give wrongful termination victims real remedies. Depending on the facts of your case, you may be entitled to:
- Back pay and lost wages caused by the warn act violations
- Compensatory damages for the emotional distress it caused you
- Punitive damages where the employer's conduct was egregious
- Attorney's fees and litigation costs — most employment statutes shift these to the employer when you win
WARN Act Violations FAQ
What is the WARN Act and who does it protect?
The federal Worker Adjustment and Retraining Notification (WARN) Act requires employers with 100+ employees to provide 60 days advance written notice before mass layoffs (50+ employees) or plant closings. California's Cal-WARN Act (Lab. Code § 1400) is even broader, covering employers with 75+ employees. New York's WARN Act also covers employers with 50+ employees.
What damages can I recover for a WARN Act violation?
Under the federal WARN Act, affected employees can recover up to 60 days of back pay and benefits. California's Cal-WARN provides similar remedies plus penalties of $500 per day per violation. New York's WARN Act allows recovery of 60 days of pay and benefits. These damages are per employee, so collective recoveries can be substantial.
Are there exceptions to the WARN Act notice requirement?
Yes, narrow exceptions exist: the "faltering company" exception (employer actively seeking capital), "unforeseeable business circumstances" (sudden market changes), and "natural disaster." However, courts interpret these exceptions strictly. COVID-19 prompted some temporary modifications, but standard requirements have resumed.
How do I file a WARN Act claim?
WARN Act claims are filed in federal district court (federal WARN) or state court (state WARN Acts). There is no administrative prerequisite. The statute of limitations is generally three years under federal law. In California and New York, class or collective actions are common because WARN violations typically affect many workers simultaneously.
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