klehr WarnAct Lawyers

What is the WARN Act?

The Worker Adjustment and Retraining Notification Act (29 U.S.C. § 2101 et seq.) is a federal statute that requires larger employers (more than 100 employees) to give 60 days notice of any plant closing or mass layoff (involving more than 50 employees at a location). Failure to give the 60 days notice entitles the employees to damages for wages and benefits they would have earned during the notice period. Details >

Several states have their own plant closing/mass layoff laws (sometimes referred to as “baby WARN Act” laws.) Some of the statutes are nearly identical to the federal law, but others have more stringent requirements. For example, New York’s WARN Act requires 90 days notice. See requirements for other states >

Employees who are laid off as a result of a plant shut-down or mass layoff may also be entitled to other forms of compensation, such as:

  • unpaid wages;

  • accrued, unused vacation pay;

  • severance;

  • deferred compensation.

Current Cases / Investigations

New England Motor Freight/The Shevell Group
Education Corporation of America
Argosy University
VC Summer/Westinghouse
Patriot National
Kane Company
Truland Electric
Highway Technologies, INC.
CPI Corp.

charles ercoleCharles Ercole has been called a "WARN Act Litigation Heavyweight." (Am. Law Daily)

Some of Mr. Ercole's past cases include:

  • Qimonda NA ($35 million for 2,200 employees)

  • MF Global ($7.8 million for 1,150 employees)

  • USF Red Star ($7 million for 2,000 employees)

  • Arrow Trucking ($4 million for 550 employees)

  • Truland Electric ($2.785 million for 750 employees)

  • Oakwood Homes ($2.8 million for 1,000 employees)

  • MLN ($2.7 million for 1,000 employees)

  • Fleetwood Enterprises ($1.65 million for 600 employees)


Mr. Ercole is the Chair of the Labor and Employment Group at KLEHR HARRISON HARVEY BRANZBURG LLP, a full service law firm in Philadelphia, Pennsylvania.

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