I think each state requires a WARN and I do not see us filing any.
Do you know why?
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The DOL makes clear that notice must still be given in the face of a natural disaster, whether in advance or after the employment loss caused by the disaster. Where a WARN triggering event occurs as an indirect result of natural disaster, this exception will not apply, but the “unforeseeable business circumstance” may be applicable. 20 CFR 639.9 (c)(3) - (4).
Currently, no case law addresses whether a pandemic such as COVID-19 would qualify as a “natural disaster” under WARN, and very few cases discuss the “natural disaster” exception generally. At least one court has stated that human involvement in the origins of an event would preclude it from being a natural disaster. Carver v. Foresight Energy, LP, 2016 U.S. Dist. LEXIS 90665, at *12 (C.D. Il. 2016) (any employer relying on this exception would be required to present facts and arguments that show a direct nexus between the virus and the WARN event, as opposed to an indirect one).
Natural disasters and “unforeseen business circumstances” are exceptions listed under Warn. Covid is considered a natural disaster. That’s how their getting around it.