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The Worker Adjustment and Retraining Notification (“WARN”) Act requires a covered employer to provide 60 days advance notice to each “affected employee” prior to instituting a plant closing or mass layoff. See 29 U.S.C. §2102(a). The WARN Act excludes from its definition of employment losses which trigger the notice requirements “voluntary departures,” for-cause terminations, and retirements. Id. at §2101(a)(6). A recent 9th U.S. Circuit Court of Appeals decision addressing whether the term “voluntary departure” encompasses employee resignations following an employer’s plant closure or mass layoff announcement is at odds with decisions addressing the same issue from other circuits.

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