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Third Circuit: WARN Notice Requirements Apply if Layoff is “Probable,” Not “Possible”

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August 4, 2017

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The Third Circuit Court of Appeal recently joined other courts in stating that employers must obey the notice requirements required under the Worker Adjustment and Retraining Notification (“WARN”) Act when a layoff is “probable,” that is, more likely than not to occur.  A layoff or business closure being simply “possible” does not necessarily trigger the notice requirements of the WARN Act.