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If WARN notification, even in an abridged form, is not possible due to unforeseen circumstances, management should be prepared to demonstrate not only that the events in question were unanticipated, but also that business decisions made during the period leading up to a plant closure or mass layoff were reasonable under the circumstances.
Employers confronting problems that may lead to workforce reductions, mass layoffs, or the shuttering of a business altogether should be aware of their obligations under WARN and comparable state laws.
In 2005, Flexible Flyer experienced several financial reverses, including a product recall due to defective parts.
A recent unpublished ruling by the Fifth Circuit Court of Appeals examines a debtor-employer's responsibilities under the federal Worker Adjustment and Retraining Notification Act, 29 U. Retailers also informed Flexible Flyer that they would be deferring purchases of millions of dollars' worth of products. In August 2005, Flexible Flyer consulted professionals to explore a range of options, including divestiture of unprofitable divisions and a bankruptcy filing. The company notified its employees in April 2005 of possible layoffs in the affected division. See, e.g., New York State Worker Adjustment and Retraining Notification Act, N. Two weeks later, CIT informed Flexible Flyer that it would cease advancing credit altogether. Some states have enacted laws similar to WARN that impose enhanced employee-notification requirements. Management took steps to triage the damage and remained optimistic that the company could weather the storm, especially in light of a bankruptcy filing by Flexible Flyer's primary competitor in the U. Soon afterward, CIT reduced its credit line by cutting advances to 50 percent of receivables.