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FEGATELLI v. OHIO BUR. OF EMP. SERV.

No. 77705.

146 Ohio App.3d 275 (2001)

FEGATELLI, Appellant, v. OHIO BUREAU OF EMPLOYMENT SERVICES et al., Appellees.

Court of Appeals of Ohio, Eighth District, Cuyahoga County.

Decided October 9, 2001.

Attorney(s) appearing for the Case

Smith & Condeni Co., L.P.A., and Edward A. Icove, for appellant.

Betty D. Montgomery, Attorney General, and Betsey Nims Friedman, Assistant Attorney General, for appellees Administrator, Ohio Bureau of Employment Services, et al.

MICHAEL J. CORRIGAN, Judge.

An employer who fails to give affected employees sixty days notice of a plant closing or mass layoff may be liable for back pay and benefits for the period of the violation under the Worker Adjustment and Retraining Notification Act ("WARN"), Section 2102(a), Title 29, U.S.Code. The primary issue in this appeal, and one of first impression, is whether WARN installment payments constitute "remuneration" if made during a time when an affected...

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