This Note analyzes the major substantive distinctions between WARN and the Directive and recommends that the United States supplement its legislation to raise it to the level of its European counterpart. Part I discusses the history leading to the adoption of the Directive, as well as the structure and scope of its various articles, and reviews the case law interpreting the Directive. Part II describes the economic background that prompted the passage of WARN. It then details the relevant sections of WARN and illustrates how U.S. courts have interpreted these sections. Part III compares the effectiveness of the two pieces of legislation within their respective societies. This Note concludes that WARN, unlike the Directive, inadequately protects employees from unannounced mass dismissals.
The Scope of Assistance for Dislocated Workers in the United States and the European Community: WARN and Directive 75/129 Compared,
15 Fordham Int'l L.J. 436
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