As an insolvency lawyer, I am fairly familiar with the WARN Act, usually in the capacity of attempting to determine whether notices must be sent where there is a risk that sending the notices will kill an attempted restructuring. Under your circumstance, I don't see how sending a notice is an "abuse" of the WARN Act. If Lockheed contemplates that layoffs will occur in January if the sequester occurs, they will want to have given the notice 60 days in advance (November) as opposed to waiting until January and then giving 60 days' notice. In a litigious society, it is always safer to do more than less.
David Shemano -----Original Message----- From: [email protected] [mailto:[email protected]] On Behalf Of Robert Naiman Sent: Monday, July 16, 2012 4:19 PM To: Progressive Economics Subject: [Pen-l] query: Lockheed Martin and the WARN Act Does anyone on this list have "professional expertise" on the WARN Act or know anyone who does? Here's why. Lockheed Martin is invoking the WARN Act to threaten to send layoff notices to all its employees in November - just before the election - if the "sequester" automatic 2013 cut of the military budget is not undone by then. It seems like a clear abuse to claim that this is required by the WARN Act, since the WARN Act clearly aims to block management from concealing specific information about future plant closings or major layoffs, and that clearly isn't the case here: Lockheed management doesn't know any more about the state of the world in 2013 than anyone else does. If Lockheed is required to do this, then so is everyone else who depends on government contracts. It would be great to have someone who has a credential on the WARN Act take this down... -- Robert Naiman Policy Director Just Foreign Policy www.justforeignpolicy.org [email protected] _______________________________________________ pen-l mailing list [email protected] https://lists.csuchico.edu/mailman/listinfo/pen-l _______________________________________________ pen-l mailing list [email protected] https://lists.csuchico.edu/mailman/listinfo/pen-l
