VictoryLand asserted that because it took out billboard ads and made Internet postings that criticized the government's raids and suggested they were illegal put its employees on notice and fulfilled the spirit of the Worker Adjustment and Retraining Notification Act (WARN). The 11th Circuit was unconvinced finding VictoryLand liable for violating WARN because it failed to give proper notice to its employees of layoffs in February and August 2010, when the casino closed its doors in anticipation of a looming raid by state regulators. VictoryLand did not provide any formal notice under the WARN Act to employees.
VictoryLand employees filed a WARN class action complaint in Oct. 2010 and won class certification in March 2012. The United States District Court then granted summary judgment to the employees on liability for the WARN Act violations. VictoryLand’s potential liability according to the WARN class action attorney is roughly $3 to $5 million to 1000-1200 employees.
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