Open Memo

To : Laverne Lewis , Partner

Fr : Junior Associate

Date : Feb . 21 , 2009

Re : Century Windows and Doors : Analysis of whether or not employees dismissed under the WARN Act have a cause of Action

MEMORANDUM

ISSUE (S : Do employees who were given two days notice of plant closure at Century Windows and Doors have a viable cause of action against Century ? The question turns on whether or not the termination is inconsistent with the provisions contained in the federal statute Worker Adjustment and Retraining Notification Act 1989 (WARN . The Act regulates

the substantive and procedural law for plant closures and mass lay-offs

BRIEF ANSWER : Under the laws of the state of Pennsylvania employment under the employment at-will doctrine may be terminated at any time with or without cause . The difficulty for Century however , are the implications for termination at such short notice . Under the WARN Act employees are generally entitled to at least 60 day 's notice of plant closure or mass lay-offs impacting over 100 employees . Even so , there are exceptions to this rule which can be applied to Century 's situation and thereby exempt the company from liability for failing to provide the requisite 60 day 's notice

STATEMENT OF FACTS : We have been instructed by Century Windows and Doors , a client of the firm whose matters were previously handled by a firm partner who recently passed away . The current matter was referred to the firm by Rodney Shorn , Century 's general counsel of the last couple of months . We...