Under the Worker Adjustment and Retraining Notification Act ("WARN"), companies with a facility employing 100 or more full-time employees must provide at least 60 days' written notice to employees affected by a mass layoff or plant closing unless it meets one of the narrow exceptions to WARN. AE Liquidation, Inc., the Third Circuit Court of Appeals agreed with five other circuits in holding that WARN notice was not required where an external event outside the employer's control triggering layoffs was possible but not probable.
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