KALWAYTIS v. PREFERRED MEAL SYSTEMS, INC.

No. 95-7191.

78 F.3d 117 (1996)

Marie A. KALWAYTIS; Peggy Jackson; Lydia T. Hreben; Shirley Mustich, Appellees, v. PREFERRED MEAL SYSTEMS, INC., Appellant.

United States Court of Appeals, Third Circuit.

Decided March 11, 1996.


Attorney(s) appearing for the Case

Elliot J. Mandel (argued) Kaufman, Naness, Schneider & Rosensweig, Jericho, NY, for Appellant.

James A. Diamond (argued), Handler, Gerber, Johnston & Aronson, Camp Hill, Pennsylvania, for Appellees.

Before SCIRICA, ALITO, and WEIS, Circuit Judges.


OPINION OF THE COURT

WEIS, Circuit Judge.

In this WARN Act case, the principal issue is the amount of damages payable to employees who were on seasonal layoff at the time the employer announced what amounted to a permanent layoff. The workers received letters sent less than the 60 days required by the statute before the permanent layoff began. The district court awarded damages for 60 days, as if no notice had been sent. We conclude that the notice was untimely...

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