An Employer Decides to Downsize to Cut Costs

Multiple Choice

An employer decides to downsize to cut costs. It plans to eliminate 100 jobs out of 250 total jobs. The employer notifies the employees' union representative on May 15.  The layoffs will be effective May 30. If the employer's action is legally challenged, a court would most likely decide:

A) For the employer because it is not large enough to be covered under the WARN Act
B) For the employer because there is no plant closing or mass layoff that would trigger the WARN Act's requirements
C) For the employees because they did not receive individual notification as required by the WARN Act
D) For the employees because they did not receive the amount of advance notice of a mass layoff required by the WARN Act