Experienced WARN Act Attorneys in Florida
When facing sudden layoffs or business closures, employees often find themselves vulnerable. At Wenzel Fenton Cabassa P.A., we leverage our knowledge of the Worker Adjustment and Retraining Notification (WARN) Act to represent workers impacted by such events in Florida. Our experienced team has successfully handled numerous cases, ensuring that employees receive the protections and compensation they deserve. We are the trusted WARN Act attorneys in Florida you can count on.
What Is the WARN Act?
The WARN Act is a federal law designed to protect employees by requiring employers to provide advance notice of significant layoffs or business closures. In Florida, this law applies to both private and public employers, ensuring workers have time to prepare for transitions, whether that means seeking new employment or retraining opportunities. The goal is to minimize the adverse effects of sudden job loss.
However, there are three key exceptions where employers may be exempt from providing notice under the WARN Act:
- The Company Falters: When a business seeks new capital to stay open, and issuing a WARN notice could jeopardize that opportunity.
- Natural Disasters: If layoffs or closures are a direct result of a natural disaster.
- Unforeseeable Business Circumstances: When layoffs or closures occur due to unforeseen business events.
If none of these exceptions apply, employers meeting the WARN Act’s size criteria (outlined below) must provide proper notice before any mass layoffs or plant closures.
Key Requirements of the WARN Act
The law’s key provisions include:
- 60-Day Notice: Employers must provide a 60-day advance notice before a plant closure or mass layoff.
- Employer Size: The WARN Act applies to employers with 100 or more full-time employees.
- Layoff Threshold: The business must lay off 50 or more employees at a single site.
If your employer meets these criteria and has not followed the WARN Act, you may be entitled to compensation under Florida WARN notices.
Identifying WARN Act Violations
Employers sometimes fail to comply with the WARN Act’s requirements—whether inadvertently or deliberately. It’s crucial for employees to be able to identify potential violations to protect their rights. Some warning signs include:
- Insufficient Notice: Receiving less than 60 days’ notice.
- No Notice: Layoffs or closures that happen without any notice.
- Misclassification: Employers misclassify employees to avoid WARN Act obligations.
- Exemption Misuse: Employers incorrectly claim exemptions to the WARN Act.
For example, suppose an employer lays off 60 full-time employees but misclassifies 12 as temporary or contract workers to avoid reaching the 50-employee threshold. This would be a deliberate violation of the WARN Act.
Legal Recourse for WARN Act Violations
If you suspect your employer has violated the WARN Act, it’s essential to act swiftly. At Wenzel Fenton Cabassa P.A., we are dedicated to pursuing justice for affected employees through legal action. Potential remedies include:
- Recovering lost wages due to insufficient notice.
- Seeking lost benefits, such as health insurance or retirement contributions.
- Pursuing damages for other losses caused by the inadequate notice period.
Every case is unique. Our layoff lawyers will thoroughly evaluate your situation to determine the best course of action.
Success Stories in Protecting Workers’ Rights
The Florida WARN Act attorneys at Wenzel Fenton Cabassa P.A. have successfully litigated numerous cases, delivering exceptional results for our clients. For instance, we secured a $725,000 class action settlement for employees affected by a company’s WARN Act violations. In another case, we achieved a $1.5 million settlement on behalf of mistreated employees.
When negotiations fail, we’re not afraid to take cases to court. In one instance, after an employer refused to offer fair compensation, we obtained a $290,000 judgment for our clients.
Why Choose Wenzel Fenton Cabassa for Your WARN Act Case?
When you need a dedicated WARN Act attorney in Florida, Wenzel Fenton Cabassa P.A. is here to help. Our experienced team is passionate about defending the rights of workers mistreated by their employers. With a commitment to personalized attention and thorough representation, we’ll fight for the justice you deserve.
Connect with us today to discuss your case and learn how we can enforce your rights under the WARN Act.
“My family and I truly appreciate everything that Mr. Fenton did for us. The whole firm went above and beyond to help us and everyone was fantastic. Very professional and compassionate. We were always kept updated with our case and received a quick resolution far above what we had hoped for. Not knowing how legal matters work, everything was explained to us in a matter we clearly understood, we were always kept notified, making the whole process painless. We would highly recommend Wenzel, Fenton and Cabassa to all that need legal representation.”
RELATED POSTS FOR MILITARY RIGHTS
What Is a Class Action Lawsuit?
When a business or individual causes harm to many people, it often makes sense for those affected to pursue a class …
How to Become a Whistleblower
The adage, “See something, say something,” is incredibly relevant when it comes to holding employers and other …
Contact Us
FREE HELP GUIDES
Dealing with unpaid wages, discrimination or wrongful termination? Get the information you need to protect your workplace rights. We offer employment law resources to help you fight for workplace justice.
