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· 3/6/1996

Rifkin v. Mcdonnell Douglas Corporation

Citations

  • 78 F.3d 1277
  • 11 I.E.R. Cas. (BNA) 741
  • 1996 U.S. App. LEXIS 3864

How courts have described this case

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

  • holding that employees laid off for less than six months did not suffer an “employment loss” although the employees expected the layoffs to be permanent
  • explaining that “sharing of staff and equipment, and sharing the same operational purpose are appropriate criteria for determining whether two non-contiguous sites comprise a ‘single site’ under the WARN Act”
  • rejecting a claim of “single site employment” when “[t]here is no evidence that employees and equipment are regularly shared as opposed to occasionally transferred” between the locations
  • “A common sense reading of the [WARN Act] indicates it is the actuality of a termination which controls and not the expectations of the employees.”
  • “A common sense reading of the [WARN Act] indicates it is the actuality of a termination which controls and not the expectations of the employees.”
  • “Sites need not be contiguous in order to be considered a ‘single site’, but in order for non-contiguous sites to be deemed a ‘single site’, there must be some connection between the sites beyond that of corn- mon ownership.”

Source: CourtListener parenthetical corpus (CC0).

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This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.