KV Pharma Dodges WARN Act Class Action

By Mike Cherney

Law360, New York (March 16, 2010, 1:57 PM ET) -- A federal judge has dismissed a putative class action alleging KV Pharmaceutical Co. violated the Worker Adjustment and Retraining Notification Act by firing about 1,000 employees without the required 60 days' advance notice.

Magistrate Judge David Noce in the U.S. District Court for the Eastern District of Missouri dismissed the case with prejudice Friday, saying plaintiff John Foster did not suffer a loss of employment as defined by the WARN Act and did not qualify for WARN compensation.

The WARN Act requires an employer to give...
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