Philadelphia WARN Act Attorneys

The WARN Act (Worker Adjustment and Retraining Notification Act) is a federal law providing employees 60 days’ notice of a plant closing or mass layoff.  The law generally applies to employers with 100 or more full-time employees, where at least 50 employees are terminated or laid off at a single work location.  If the employer violates the notice requirement in these situations, it may be liable to the workers for up to 60 days of compensation (wages and value of benefits). 

When an employer in or around Philadelphia announces a sudden closure or mass reduction in force, many workers are unsure whether the WARN Act in Philadelphia applies to their situation. We routinely review termination notices, severance offers, and internal communications to help workers understand whether the timing and scope of the layoffs meet the legal definitions of a “plant closing” or “mass layoff.” In multi-location companies, it can also be critical to determine which worksite counts as the “single work location” for WARN purposes and how remote or hybrid workers are treated.

Some states have state WARN acts that similarly protect workers.  Some such states have WARN laws that provide protections to workers that are greater than under federal law.  For example, the New York WARN Act requires that only 25 (rather than 50) workers’ employment be affected to trigger the law’s notice requirements.  Additionally, the New Jersey WARN Act also requires one week of severance per year of service to be paid to workers, even if the employer does give notice of a plant closing or mass layoff.

Workers in Pennsylvania are often affected by layoffs that span several states, especially when employers operate facilities in New York or New Jersey in addition to locations in the Philadelphia region. In those situations, different versions of WARN may apply at the same time, and the rights of employees can vary depending on where they work, how many people are impacted, and how the employer structures the reduction. We help employees and labor unions analyze these overlapping rules so they can make informed choices about whether to challenge a layoff, negotiate improvements to severance, or pursue a claim in court.

Federal and state WARN acts are complicated and contain many loopholes that employers try to exploit.  It is important to consult with a lawyer familiar with the intricacies of WARN laws to determine whether you may be owed compensation.

Your Rights Under the WARN Act

When a plant closing or mass layoff happens with little or no advance warning, employees are often left wondering what rights they have and what they can realistically recover. Under the WARN Act, eligible workers may be entitled to back pay, the value of lost benefits, and certain costs that would have been covered during the 60-day notice period. These rights exist regardless of whether an employer is struggling financially or says it had no choice but to close, and they can apply to both hourly and salaried employees.

In practice, enforcing these rights usually involves gathering detailed information about the size of the employer, the number of employees affected, and the way the layoffs were carried out. We work with employees and, when applicable, their unions to review payroll records, benefits summaries, and communications to see whether the legal thresholds were met. For workers in the Philadelphia area, this can include understanding how Pennsylvania law interacts with federal law and where a WARN case might be filed, such as in the United States District Court for the Eastern District of Pennsylvania.

Because employers sometimes argue that an exception to WARN applies, it is important to evaluate whether those defenses are valid and how they affect potential recovery. We help employees think through questions such as whether to bring claims individually or as part of a group, how a WARN claim may interact with severance or release agreements, and what timelines may apply. By clearly explaining options and potential risks, we aim to put workers in a position to make informed decisions about enforcing their rights rather than feeling pressured to accept an unfair outcome.

How Our Firm Assists With WARN Act Claims

Handling a WARN claim can feel daunting, especially when you are dealing with the stress of a sudden job loss and concerns about supporting your family. We guide employees through each step of the process, starting with a careful review of the facts surrounding the layoff or plant closing. That early assessment helps determine whether the WARN Act likely applies, whether a state WARN law might also be involved, and what next steps make sense for you and your co-workers.

Once we understand the scope of the layoff, we work closely with employees to organize information, identify potential witnesses, and evaluate whether a case should be brought as a class or collective action. Because our practice focuses on representing workers, we are used to coordinating with labor unions, worker committees, and individuals who may be spread across multiple locations. For employees in Philadelphia and across the Mid-Atlantic, this regional perspective is especially important when a company has facilities in several states and multiple legal standards may be in play.

Throughout the matter, we emphasize clear communication so that you always know what is happening in your case. We explain legal developments in plain language, discuss the practical impact of settlement offers, and take the time to answer questions about how a WARN claim fits with other workplace issues you may be facing. Our goal is to provide steady guidance while we pursue an outcome that reflects the wages and benefits you should have received.

Call us at (215) 273-3491 to schedule an initial consultation today.

Frequently Asked Questions

How Do I Know If the WARN Act Applies to My Layoff?

Determining whether WARN applies starts with the size of the employer and the number of employees affected at a single site of employment. You will want to look at how many people were laid off, how long the layoff is expected to last, and whether the employer has at least 100 full-time workers. Because the definitions in the statute are technical, many employees find it helpful to review the details of their situation with an attorney who regularly handles WARN issues.

Can I Bring a WARN Act Claim If I Signed a Severance Agreement?

Many employers ask workers to sign severance agreements that include a release of claims in exchange for payment. Whether you can still bring a WARN claim after signing depends on the language of the agreement, how it was presented, and what you understood at the time. It is often useful to have the agreement reviewed to see whether WARN rights were clearly identified and whether there are any grounds to challenge or limit the release.

Do WARN Act Claims Have to Be Filed as Class Actions?

WARN claims do not have to be brought as class actions, but they often involve many employees who were affected by the same decision. In some cases, pursuing a class or collective action can be an efficient way to address common issues and seek relief on behalf of a group. In other situations, individual or smaller group claims may be more appropriate, depending on how the layoffs were structured and what goals the employees want to achieve.

Contact Goodley McCarthy LLC for WARN Act Assistance in Philadelphia

Contact Goodley McCarthy LLC for WARN Act Assistance to learn more about the WARN Act and how our firm can help you. Call us at (215) 273-3491 today.