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Milwaukee Plant Closures and Mass Layoffs Lawyer

Groups affected by an employer’s bankruptcy

When an employer is forced to close its business, file for bankruptcy or lay off employees, it creates substantial hardship on employees. Not only are employees left without employment, but they are frequently denied wages, benefits, and other monies that they have earned.

A. Unions affected by an employer’s bankruptcy

When an employer files for bankruptcy, whether or not the employer goes out of business, it has a dramatic effect on employees who are working for the employer and their labor unions. Such bankruptcy filings frequently result in unpaid wages, health and pension benefits, and benefits under collective bargaining agreements such as unpaid vacation, sick leave and incentives.

The attorneys at The Previant Law Firm, S.C. are nationally recognized for their efforts in representing labor unions whose employees are affected by employer bankruptcy. Representing both local unions and international unions, the attorneys on the bankruptcy team have represented groups sized from ten to ten thousand employees. The attorneys on the bankruptcy team have appeared in bankruptcy litigation across the country, including courts in Wisconsin, Delaware, Georgia, New York, Michigan and elsewhere. They have litigated matters before the U.S. Courts of Appeals for the Second, Seventh, Eighth, Tenth, and Eleventh Circuits. They have collected tens of millions of dollars of employees’ earned wages and benefits through bankruptcy proceedings.

The filing of a bankruptcy petition may result in the employer seeking to reject the collective bargaining agreement, reduce employees’ wages and make significant changes to the terms and conditions of employment. The attorneys on the bankruptcy team have successfully prevented employers from rejecting collective bargaining agreements through bankruptcy proceedings.

If your union is affected by the bankruptcy of a signatory employer and you are seeking counsel to represent the interests of your employees,  contact the attorneys at The Previant Law Firm, S.C. toll free at 1‑800‑841‑5232 or email us at UnionCreditors@Previant.com. Please note that The Previant Law Firm, S.C. does not represent individuals in personal bankruptcy matters.

B. Retiree committees affected by an employer’s bankruptcy

Retired employees of an employer are also affected by the employer’s bankruptcy. Section 1114 of the Bankruptcy Code addresses the treatment of benefits for retirees of companies that have filed for bankruptcy protection under Chapter 11 of the Bankruptcy Code. Retiree benefits are defined as payments to “any entity or person for the purpose of providing or reimbursing payments for retired employees and their spouses and dependents” for medical benefits, hospital benefits, death benefits, etc.

The attorneys at The Previant Law Firm, S.C. have extensive experience representing retirees in bankruptcy proceedings. If you are a retiree or group of retirees affected by the bankruptcy of an employer and you are seeking counsel to represent the interests of you and your fellow retirees, contact the attorneys at The Previant Law Firm, S.C. toll free at 1‑800‑841‑5232 or email us at RetireeBenefits@Previant.com.

C. Plant closures and mass layoffs

The Worker Adjustment and Retraining Notification (WARN) Act provides employees with certain rights in the event their employer must lay off employees or close a plant. In many cases, WARN requires an employer to give a 60-day notice before taking certain employment actions causing a loss of employment. For each day the employer violated WARN, the employer is liable to employees for back pay and benefits each employee would have earned.

The WARN Act is triggered when an employer closes a plant or lays off a significant number of employees. An employer is subject to the notice requirements in the WARN Act if it is a business that employs at least 100 full-time employees or employs at least 100 workers who, combined, work more than 4000 hours per week, not including overtime and excluding part-time employees.

A “mass layoff” is a reduction in force not due to a plant closing, or a loss of employment at a single site that affects a significant number of employees. A loss of employment at a single site during any thirty-day period falls under the WARN requirements if it affects a minimum of fifty employees, who constitute at least 33% of the employer’s full time employees. An employer who lays off 500 or more full-time employees at a single worksite, regardless of the percentage of workforce those 500 employees compose, is also subject to the WARN Act’s notification requirements.

The Previant Law Firm, S.C. has successfully pursued actions on behalf of workers affected by plant closures and mass layoffs. The WARN Act team has assisted employees and their unions in collecting pay and benefits they were entitled to under the Act. If you have been affected by a plant closure or have questions about the WARN Act, please contact the attorneys at The Previant Law Firm, S.C. toll free at 888-513-3592, locally at 414-875-3955 or email us at Layoffs@Previant.com.

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