215-545-7676
1525 Locust St. 9th Floor
Philadelphia, PA 19102
856-854-4000
110 Marter Ave. Suite #502
Moorestown, NJ 08057

Employment Layoff

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.


Pennsylvania Employment Layoff Information Center


Back to top

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: 

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.


Back to top

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: 

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.


Back to top

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.


Back to top

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. 


Back to top

Client Testimonials

"...I am truly grateful for all of the help, assistance, understanding and professional skills garnered on my behalf during this time.

I feel your life-long commitment to hard work, education, competitive skill and supporting the underdog positioned you to represent me in a way no one else could."

Read More

Contact Us About Your Case
Submit your information using our confidential inquiry form

Our Office Locations

APennsylvania Office
1525 Locust St. 9th Floor
Philadelphia, PA 19102
Phone: 215-545-7676
Fax: 215-545-8211
BNew Jersey Office
110 Marter Ave #502
Moorestown, NJ 08057
Phone: 856-854-4000
Fax: 856-854-4006

Related News

Helping Enrich Our Community

Our law firm is proud to provide support to charitable nonprofit organizations making a difference in the community.

American Heart Association The Leukemia and Lymphoma Society The Make-A-Wish Foundation of America City of Hope Women's Way The Committee of Seventy The Public Interest Law Center Read More
National Employment Lawyers Association National Employment Lawyers Association - New Jersey Bar Register Avvo Rating - 10 Better Business Bureau Best Lawyers AV - Preeminent Martindale-Hubbell