Who We Represent

We Represent All Laid-Off and Terminated Employees Covered by the WARN Act

The WARN Act provides protection for employees across the United States, Puerto Rico and the U.S. Virgin Islands.

The WARN Act protects employees who lose their jobs in mass layoffs and work site shut downs. The attorneys at Outten & Golden are dedicated to helping employees who lose their jobs in these circumstances obtain back pay awards of up to two months of pay and benefits.

The WARN Act requires employers to give advanced notice of layoffs or shutdowns to employees in most industries, regardless of their title. Employers who fail to provide such notice are liable to pay these awards to each employee. The WARN Act covers employees, but not independent contractors. If the "independent contractors" are, in fact, misclassified employees, the WARN Act covers them.

In today's "gig" economy, some employers assert that their employees are independent contractors and therefore not entitled to WARN notice. If the employer profits from the worker and controls the manner in which he or she performs it, Outten & Golden works to secure the rights of such workers as employees under the WARN Act.

If you are uncertain whether you are an employee entitled to notice of a layoff or shutdown, you should contact Outten & Golden and ask to speak with a member of our WARN team.

Among the few categories of employees who are not entitled to WARN notice are government employees, striking union workers and some temporary project workers. Even among project workers, Outten & Golden has represented digital animators in Hollywood hired to work on a particular film. The firm has also represented teachers in colleges and schools who work on a term by term basis, and construction workers hired for a specific projects.

Outten & Golden attorneys have also represented union members when the union does not file a WARN Act claim on their behalf.

We Represent Employees No Matter Who the Employer May Be

Most employees know who their employer is. But when it comes to holding employers responsible for WARN Act notice, it is not so easy to tell. Companies often try to blur the "employer" distinction by creating lots of entity names to evade liability. It is not uncommon that employees find slightly different company names on their paystubs, business communications, or websites. Sorting out which employer is responsible under the WARN Act is critical to holding the right parties liable. In our pursuit of maximum WARN back pay recoveries, we work to identify all the responsible employer entities.

Outten & Golden has represented employees of subsidiaries to obtain recovery from the parent owners of the company. Outten & Golden has recovered back pay from "parent" and even "grandparent" entities responsible for shutting down the "nominal" employer.

The WARN Act Provides Protection for Employees in All Industries and All States

Outten & Golden's WARN Act practice is nationwide. Its attorneys have represented employees in Alabama, Arizona, California, Colorado, Connecticut, Delaware, Florida, Georgia, Hawaii, Illinois, Indiana Iowa, Kansas, Kentucky, Louisiana, Maine, Maryland, Massachusetts, Michigan, Minnesota, Missouri, Nevada, New Hampshire, New Jersey, New Mexico, New York, North Carolina, Ohio, Oklahoma, Oregon, Pennsylvania, Rhode Island, South Carolina, Tennessee, Texas, Utah, Vermont, Virginia, Washington, West Virginia, and Wisconsin.

The WARN Act Can Help You During a Difficult period

If you are let go in a shutdown that involved 50 or more employees at a single site of employment (such as an office, plant, warehouse, or store) or a layoff that involved 50 or more employees comprising at least 1/3 of the workforce at a single worksite, the WARN Act may protect you. If you experience job loss in a mass layoff, furlough or shutdown, or you suffer the reduction of more than 50 percent of your work hours during a six-month period, you may have a WARN Act claim and should contact Outten & Golden LLP.