Loehrer v. Mcdonnell Douglas Corporation

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• noting that “the employer bears the burden of proving the existence of conditions giving rise to the exception”
• noting that “a company will be excused from WARN liability if, when confronted with potentially devastating occurrences, it reacts as would reasonable employers within its own market”
• noting that “a company will be excused from WARN liability if, when confronted with potentially devastating occurrences, it reacts as would reasonable employers within its own market”
• noting the Department of Labor’s guidance that the UBC defense “involves a highly factual inquiry to be assessed on a case by case basis”
• noting employer bears burden of 17 showing existence of conditions giving rise to an exception
• the 8th Circuit found that “the exception for unforeseeable business circumstances shields [the employer] from liability under the WARN Act.”

Source: CourtListener parenthetical corpus (CC0).