WARN Act Ruling in Favor of Miners

(Last Updated On: January 24, 2017)

The U.S. District Court for the Western District of Virginia recently granted summary judgment in favor of a class of coal miners who brought suit against Nine Mile Mining, Inc., a James C. Justice Companies affiliate.

The class, represented by Glenn, Feldmann, Darby & Goodlatte, consists of nearly 100 former employees of Nine Mile Mining, Inc.  These workers alleged that Nine Mile terminated them without providing 60-days’ notice in violation of the federal WARN Act.  The WARN Act provides protection to workers and their families by requiring certain employers to provide advance notice of mass layoffs and plant closings.  This notice gives workers the opportunity to look for jobs and otherwise prepare for potential unemployment.  Judge James P. Jones ruled in favor of the miners, finding that Nine Mile violated the WARN Act by terminating the class members without giving them notice.   A trial to award the miners damages as a result of this WARN Act violation is scheduled for January 5 and 6, 2015 at the federal courthouse in Big Stone Gap, Virginia.”

To see the complete summary judgment, go to http://www.vawd.uscourts.gov/OPINIONS/JONES/2-13cv00040.opinion.msj.pdf