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Alfred Benoit

2009

Administrative Law

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Warn Act(Ion) In A Time Of Crisis, Alfred Benoit Feb 2009

Warn Act(Ion) In A Time Of Crisis, Alfred Benoit

Alfred Benoit

This paper will analyze the Worker Adjustment and Retraining Notification Act (“WARN Act”) through three separate prisms: (1) The aftermath of a modern day plant closing and how the specific employees and their representatives chose to respond to a alleged violation of the Act; (2) the conflict that exists in the Courts as to which of the multitude of tests is appropriate to determine the liability of an affiliated or subsidiary corporation under the Act; (3) how to reconcile a subsidiary’s need to have clear direction concerning the law so they may be able to reasonably assess their potential liability …