context: As we have determined, James-way was aware of its WARN notice obligations prior to it terminating any of the plaintiffs, and it was capable of providing WARN notice but failed to do so. Further, while Jamesway claims that, "once [it] filed its chapter 11 petition for purposes of liquidation on October 18, [1995] it was [its] understanding that there were no ongoing obligations to give notice under WARN[,]" (Declaration of Carl Muller P 10), it provides no basis for that understanding or whether this understanding of the liquidating fiduciary exception played any part in Jamesways decision to forego providing WARN notice to employees terminated postpetition. "Good faith requires an honest intent to ascertain the requirements of the statute and to act accordingly."
citation_a.signal: see
citation_a.identifier: 15 F.3d 1287, 1287-88
citation_a.parenthetical: finding that lower court did not err in finding employer did not act in good faith when it was aware of Act's notice requirements, but "consistently resolved any questionable [notice] issue in its favor."
citation_a.sentence: Aircap, 860 F.Supp. 307, 315-16 (D.S.C.1994); see Dillard, 15 F.3d at 1287-88 (finding that lower court did not err in finding employer did not act in good faith when it was aware of Act’s notice requirements, but “consistently resolved any questionable [notice] issue in its favor.”); Alden, 901 F.Supp. 426, 443 (D.Mass.1995) (finding that employer did not act in good faith when it relied on simplistic legal advise in the face of WARN’s complex statutory requirements); Aircap, 860 F.Supp. 307, (D.S.C.1994) (same); see also Allsteel, Inc., I, 955 F.Supp. 78, 81 (N.D.Ill.1996) (good faith intent to comply with Act requires requisite notice not wait until plant closing or mass layoff is likely but instead employer must give notice when the plant closing or mass layoff is foreseeable). We find that the circumstantial evidence clearly shows that Jamesway was aware of its obligations under the Act yet made no good faith effort to comply with it.
citation_b.signal: see also
citation_b.identifier: 955 F.Supp. 78, 81
citation_b.parenthetical: good faith intent to comply with Act requires requisite notice not wait until plant closing or mass layoff is likely but instead employer must give notice when the plant closing or mass layoff is foreseeable
citation_b.sentence: Aircap, 860 F.Supp. 307, 315-16 (D.S.C.1994); see Dillard, 15 F.3d at 1287-88 (finding that lower court did not err in finding employer did not act in good faith when it was aware of Act’s notice requirements, but “consistently resolved any questionable [notice] issue in its favor.”); Alden, 901 F.Supp. 426, 443 (D.Mass.1995) (finding that employer did not act in good faith when it relied on simplistic legal advise in the face of WARN’s complex statutory requirements); Aircap, 860 F.Supp. 307, (D.S.C.1994) (same); see also Allsteel, Inc., I, 955 F.Supp. 78, 81 (N.D.Ill.1996) (good faith intent to comply with Act requires requisite notice not wait until plant closing or mass layoff is likely but instead employer must give notice when the plant closing or mass layoff is foreseeable). We find that the circumstantial evidence clearly shows that Jamesway was aware of its obligations under the Act yet made no good faith effort to comply with it.