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Question:  Can an employer be forced to keep a plant open or retain employees?

Date Added:  3/1/2012 2:39:12 PM Hits:  498
Last Revised:  3/1/2012 2:39:12 PM Vote: 
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Answer
No. Employers cannot be required by the WARN Act to refrain from closing a plant, relocating operations, or implementing layoffs. An employer can only be required to give a 60-day advance notice or provide back pay and benefits to the affected employees for each day that the employer failed to give notice, up to the required 60 days. The law at section 5(b) specifically states, "a Federal court shall not have authority to enjoin a plant closing or mass layoff." There is no injunctive relief available under the Act.


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