I'm not a lawyer but:
Is filing just under 50 strategically to avoid the warn act illegal?
ChatGPT said:
Intentionally structuring layoffs to avoid triggering WARN Act requirements, such as filing just under the threshold (e.g., 49 employees instead of 50), can potentially be considered unlawful if done in bad faith. Courts and regulators may scrutinize such actions, especially if there is evidence that layoffs were deliberately staggered or manipulated to circumvent WARN obligations.
The WARN Act includes provisions to address such behavior:
Aggregation Rule: Layoffs occurring within a 90-day period may be combined to determine if the WARN thresholds are met, even if each individual layoff event falls below the threshold. If the combined layoffs meet or exceed the threshold, the WARN Act applies.
Good Faith Requirement: Employers must act in good faith and comply with the law’s spirit. Attempts to evade WARN requirements can result in legal and financial penalties, including back pay and benefits for affected employees.