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COLLINS v. GEE WEST SEATTLE LLC

No. 09-36110.

631 F.3d 1001 (2011)

Todd COLLINS, et al., Plaintiffs-Appellants, v. GEE WEST SEATTLE LLC, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Filed January 21, 2011.

Attorney(s) appearing for the Case

Michael C. Subit (argued), Frank, Freed, Subit & Thomas, LLP, Seattle, WA, for plaintiffs-appellants Todd Collins, et al.

Richard P. Lentini (argued), Ryan, Swanson & Cleveland, PLLC, Seattle, WA, for defendant-appellee Gee West Seattle, LLC.

Opinion by Judge N.R. SMITH; Concurrence by Judge RYMER; Dissent by Judge CEBULL.

OPINION

N.R. SMITH, Circuit Judge:

In this case of first impression, we must determine the meaning of the term "voluntary departure" under the Worker Adjustment and Retraining Notification ("WARN") Act, 29 U.S.C. § 2101 et seq. We hold that, if an employee leaves a job because the business is closing, that employee has not "voluntarily departed" within the meaning of the WARN Act. Rather, that employee...

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