Legal Opinion
Fegatelli v. Ohio Bureau of Employment Services
Ohio Court of Appeals
Decided October 9, 2001No. 77705PublishedCited by 5 opinions
1Opinion of the Court
Michael J. Corrigan, Judge.
An employer who fails to give affected employees sixty days notice of a plant closing or mass layoff may be liable for back pay and benefits for the period of the violation under the Worker Adjustment and Retraining Notification Act (“WARN”), Section 2102(a), Title 29, U.S.Code. The primary issue in this appeal, and one of first impression, is whether WARN installment payments constitute “remuneration” if made during a time when an affected employee is collecting unemployment compensation benefits.
The facts are undisputed. Employer PMX Industries, Inc., terminated…
Also in this document: Concurrence.
2Cases cited9 opinions
- Capitol Castings, Inc. v. Arizona Department of Economic SecurityCourt of Appeals of Arizona · 1992
- Georgia-Pacific Corp. v. Unemployment Compensation Board of ReviewCommonwealth Court of Pennsylvania · 1993
- Sekerak v. Fairhill Mental Health CenterOhio Supreme Court · 1986
- Westinghouse Electric Corp. v. CallahanCourt of Special Appeals of Maryland · 1995
- Miller v. Department of Industrial RelationsOhio Supreme Court · 1985
4 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- Toms v. Unemp. Comp. Review Comm., 2007 Ca 80 (8-29-2008)Ohio Court of Appeals · 2008
- Bernard v. Unemp. Comp. Rev. Comm.Ohio Court of Appeals · 2012
- Braselton v. Dept. Job Family Servs., 21828 (2-22-2008)Ohio Court of Appeals · 2008
- Continental Airlines, Inc. v. Dir., Ohio Department of Job & Family ServicesOhio Court of Appeals · 2007
- Marcus v. Dir., Ohio Job & Family Servs.Ohio Court of Appeals · 2016