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No individual liability under federal, NY layoff notice laws

by on
in Employment Law,Human Resources

Good news for supervisors who help determine who to cut in a reduction in force: Under the federal Worker Adjustment and Retraining Noti­­fi­­ca­­tion Act (WARN) and the New York State version of the law, there is no individual liability for violations.

Recent case: When Kathleen and several other older female bank em­­­­ployees learned that they were among 50 employees scheduled for a mass layoff, they sued, alleging age and other discrimination in the selection process. They sued their employer and the individuals who helped pick employees to cut.

The court threw out the individual claims, reasoning that only the bank could be held liable. However, it did note that under New York dis­­crimination law, the supervisors were on the hook. (Warshun, et al., v. NY Community Bancorp, et al., No. 13-CV-1018, ED NY, 2013)

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