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The Applicability Of The WARN Act To Law Firms
In addition to its obligations to its clients and creditors, a law firm partnership which is in dissolution, or about to merge or be sold, may have certain statutory obligations to its employees. In recent years there has been litigation surrounding whether the Workers Adjustment and Retraining Notification Act (WARN), 29 U.S.C. '1201 et. seq., is applicable to partnerships, and in particular, law firm partnerships.
It is clear that WARN may be applicable to law firms when they dissolve and even when they are merged into other law firms or are bought or sold. WARN requires employers who are planning a “plant closing” or a “mass layoff” to give affected employees at least 60 days notice of such employment action. 20 C.F.R. '639.2.
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