When an employer in Pennsylvania, New Jersey, or New York lays off a large group of workers, it is required to comply with federal laws that protectthe rights of employees. New Jersey and New York also have state laws governing mass layoffs.
When an employer offers a proposed severance agreement to an employee being laid off, that person should make sure to have the agreement reviewed by experienced legal counsel before accepting the offer. When a worker is one of a few employees—or perhaps the only employee—to be laid off, the layoff may be seen to have been in violation of certain discrimination laws.
Lawyer for Employment Layoff in Philadelphia, PA
If you believe that you were or are being laid off in Pennsylvania, New Jersey, or New York for questionable reasons, it is in your best interest to immediately seek legal representation.
Console Mattiacci Law, LLC represents clients in Montgomery County, Bucks County, Chester County, Delaware County, and Lancaster County in Pennsylvania as well as Ocean County, Atlantic County, Burlington County, Camden County, Mercer County, and Monmouth County in New Jersey.
Our Philadelphia employment attorneys handle discrimination, retaliation, and wrongful termination claims relating to layoffs. You can have our lawyers review your case and answer all of your legal questions when you call 215-545-7676 to schedule a free initial consultation.
Employment Layoff Laws in Pennsylvania, New Jersey, and New York
The Worker Adjustment and Retraining Notification (WARN) Act of 1988 is a federal law that requires employers with 100 or more employees to provide notice 60 days in advance of plant closings or mass layoffs. Two situations can trigger an employer being required to give a WARN notice:
- An employment site or one or more facilities or operating units within an employment site are shut down, and the shutdown results in an employment loss for 50 or more employees during any 30-day period; or
- A mass layoff not resulting from a plant closing, but which will result in an employment loss at the employment site during any 30-day period for 500 or more employees, or for 50-499 employees if they make up at least 33 percent of the employer’s active workforce.
The requirements mentioned above do not count employees who have worked less than six months in the last 12 months or employees who work an average of fewer than 20 hours a week.
An employer is not required to provide 60 days notice when a layoff is the result of a natural disaster, unforeseeable business circumstances, or situations involving a “faltering company. ” A faltering company refers to a situation in which a company has sought new capital or business in order to stay open and where giving notice would ruin the opportunity to get the new capital or business (applies only to plant closings).
Employers who violate the WARN Act become liable to each aggrieved employee for an amount that includes back pay and benefits for the period of violation, up to 60 days. New Jersey and New York also have their own separate state WARN Acts.
The Millville Dallas Airmotive Plant Job Loss Notification Act (NJ WARN Act) does not provide the faltering company and unforeseeable business circumstances exceptions provided by federal law, and its natural disaster exception applies only to termination of operations, not layoffs. Additionally, the NJ WARN Act requires notice before the permanent or temporary transfer of a single establishment to another location that results in the termination of 50 or more full-time New Jersey-based employees.
The New York State WARN Act requires employers with more than 50 workers to issue a WARN notice 90 days before closing a plant, and notification is also required when there is a layoff that affects 33 percent of the workforce (at least 25 workers) or 250 workers from a single employment site. New York’s WARN Act also requires notification when an employer moves operations to a location at least 50 miles away.
Unlawful Employment Layoffs in Philadelphia
Layoffs cannot be used to cover up discriminatory reductions in a company’s workforce. Employers may be in violation of other federal laws when layoffs affect certain groups of people.
Employees may be able to file lawsuits stemming from layoffs that are violations of any of the following federal laws:
- Civil Rights Act of 1964 — Prohibits employment discrimination based on race, color, religion, sex, and national origin;
- Americans with Disability Act (ADA) of 1990 — Prohibits employment discrimination against qualified individuals with disabilities; and
- Age Discrimination in Employment Act (ADEA) of 1967 — Protects applicants and workers 40 years of age and older from discrimination.
The Older Workers Benefit Protection Act (OWBPA) amended the ADEA to prohibit discrimination against older workers in all employee benefits except when significant cost considerations justify age-based reductions in employee benefit plans.
Employment Layoff Resources in Pennsylvania, New Jersey, and New York
WARN Requirements | Pennsylvania Department of Labor & Industry (PA DLI) — The PA DLI administers benefits to unemployed individuals, oversees the administration of workers’ compensation benefits to individuals with job-related injuries, and provides vocational rehabilitation to individuals with disabilities. It also provides employment and job training services and enforces various laws and safety standards in the workplace. Learn more about the federal WARN Act on this website, including general provisions, what triggers notice, and exemptions.
Department of Labor and Workforce Development (LWD) | Layoffs & Closings — The NJ LWD administers the state’s workers’ compensation program, unemployment insurance program, temporary disability insurance program, and family leave insurance program. It also handles wage and hour enforcement. On this website, you can find information about the federal and New Jersey WARN Acts as well as information about the Rapid Reemployment Initiative (RRI) and Rapid Response program.
Find an Employment Layoff Attorney in Philadelphia, PA
Were you laid off or have you been notified about a layoff in Pennsylvania, New Jersey, or New York that you think may be illegal under state or federal law? You will want to contact Console Mattiacci Law, LLC as soon as possible.
Our experienced employment lawyers in Philadelphia help individuals in communities throughout Ocean County, Atlantic County, Bucks County, Burlington County, Camden County, Cape May County, Chester County, Delaware County, Gloucester County, and Montgomery County.
Call 215-545-7676 or submit an online contact form to have our attorneys provide a complete evaluation of your case during a free, no-obligation consultation.