Miami Layoff Compliance Lawyer

The Worker Adjustment and Retraining Notification Act of 1988, 29 U.S.C. § 2101 et seq. (the “WARN Act”), is a federal law that requires covered employers (generally those with 100 or more employees) to provide advance notice of at least 60 calendar days prior to any plant closing or mass layoff. The terms “plant closing” and “mass layoff” are specifically defined by the statute. The failure to comply with the WARN Act’s requirements can expose an employer to significant risk. There are also similar notice requirements under Florida law with which employers must comply.

Employers who violate the WARN Act’s requirements could be liable to the affected employees for back pay for each day of the violation. The rate of compensation cannot be less than the higher of the average regular rate received by the affected employees during the last three years of the employees’ employment or the final regular rate received by the employees. 29 U.S.C. § 2104(a)(1).

A plaintiff bears the initial burden of proving that there was a plant closing or mass layoff as defined by the WARN Act, and that the organization employed at least 50 employees, excluding part-time employees, as of the snapshot date to trigger the WARN Act’s mandatory notice provision. Part-time employees are defined as those who average fewer than 20 hours of work per week or who have been employed for fewer than six of the two months preceding the date on which notice is required. 29 U.S.C. § 2101(a)(8).

The lawyers at BT Law Group have extensive experience counseling employers about the complex requirements of the WARN Act as well as helping employees protect their rights if they do not receive sufficient notice prior to a plant closing or mass layoff. Call us today to ensure your company’s compliance with the WARN Act and to discuss whether you have not been given the necessary notice.

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Our Process
1.
Investigate

As a first step, your assigned legal team will gather and review records related to your claim, including any employment contract or offer letter, time sheets, any relevant communications, and any disciplinary actions, including performance improvement plans or termination paperwork.

These documents will help your attorneys evaluate your claims and develop a strategy to obtain the best results for your situation.

2.
Formulate

Once your legal team completes the initial investigation, they will work with you to determine the best legal strategy for your situation. Your legal team will make recommendations and will work with you to formulate the most effective approach to obtain your desired outcome.

3.
Advocate

After you and your legal team formulate the strategy, your legal team will advocate on your behalf to obtain your desired outcome. This could include negotiating a separation package, engaging in pre-suit negotiations, sending a demand letter, and/or filing a charge of discrimination or lawsuit on your behalf.

The attorneys at BT Law are experienced trial lawyers and will advocate for your rights in the courtroom as necessary.

Reviews

Jason and Anisley are one of the best decisions someone can make given the situation. They are knowledgeable, transparent, proactive and communicate with their clients. I have dealt with other attorneys in the past and I’m always frustrated because you don’t get information or you have to chase the attorney and staff down that’s not the case with them.

In finding the right lawyers to represent you, you want to have mutual respect and understanding for each other and clear communication to achieve your goals. BT Law Group is just that. They not only represented me to their fullest abilities, but went above and beyond to truly understand my goals and priorities and provide sound legal advice to achieve such. It was a pleasure working with both Anisley and Jason, I’d highly recommend them.

We very much enjoyed BT Law Group’s founding partner, Anisley Tarragona service and attention to detail. From the onset her approach was practical and conscious of providing the best legal advice while being mindful of suggesting cost effective, conservative solutions. We find her to be a great business partner to service all our employment related legal needs.

I received a prompt and very professional service by the BT Law Group. Ms Tarragona provides tailored advice in the best interest of the client. She was meticulous and explained the pros and cons of my case in very simple terms which allowed me to consider and take the best decision. Very happy with the service. Highly recommended.

Absolutely wonderful and professional services. Represented my mom in a caring and personalized manner. Knowledgeable and ethical. Thank you!

I always consult BT Law Group for employment law matters. They are responsive, practical and efficient. I recommend them to colleagues and friends.

Trusted advisors
Jason D. Berkowitz is a Founding Partner of BT Law Group, PLLC. Prior to starting BT Law, Mr. Berkowitz was a Partner in the Miami office of a national labor and employment law firm where he represented management exclusively.
Anisley Tarragona is a founding partner of BT Law Group, PLLC. Prior to starting BT Law, Ms. Tarragona worked in the Miami office of a national labor and employment law firm where she represented management exclusively. Ms. Tarragona, who was born and raised in Cuba, is fluent in Spanish.