Issue Whether Employer Could Have Foreseen Plant Shutdown So As To Provide Employees With WARN Notice
The American Meat Packing Corporation ("AMPAC") closed its Chicago facility on November 16, 2001 without giving its 350 employees prior notice of the plant closing. The employees filed a class action suit against AMPAC for violations of the Worker Adjustment and Retraining Notification Act ("WARN Act"). At issue was whether AMPAC could have reasonably foreseen the plant shutdown so as to provide the employees prior notice. The district court found for AMPAC on summary judgment. On appeal, the 7th Circuit reversed, holding that that there exists a genuine issue of material fact as to whether the business conditions that caused AMPAC to close its facility were unforeseeable.
Pena v. Am. Meat Packing Corp.
The 7th Circuit Court of Appeals’ jurisdiction includes Illinois, Indiana and Wisconsin.
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