If my job closed with a same day notice canI sue?

Asked on August 26, 2011 New York


M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

You did not give much information here which is necessary in order to give proper guidance here.  There are indeed some circumstances under the law that require that an employer give at least 60 days notice to employees.  But this notice is only a requirement for certain employers and for certain employees.  Under the WARN Act ( Workers Adjustment & Retraining Notification Act) certain employers or businesses must give workers 60 days advance written notice of a plant closing or a "mass layoff." The law does not apply to all employers and generally only to those with at least 100 employees.  I would contact the Department of Labor to see if in fact you qualify under this law. Good luck to you.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.