DocketNumber: 99-2341
Citation Numbers: 1 F. App'x 612
Filed Date: 1/19/2001
Status: Non-Precedential
Modified Date: 1/12/2023
United States Court of Appeals FOR THE EIGHTH CIRCUIT ___________ No. 99-2341 ___________ Linda K. Burnsides; Mary M. Sorg; * Gary Vyborney, suing on behalf of * themselves individually and on behalf * of a class of similarly-situated persons, * * Plaintiffs-Appellants, * * v. * * MJ Optical, Inc., a Nebraska * Corporation; Optical Illusion, Inc., a * Nebraska Corporation; * Appeal from the United States * District Court for the District of Defendants, * Nebraska. * Commercial Optical Company, Inc., a * [UNPUBLISHED] Nebraska Corporation; * * Defendant-Appellee, * * Optical Services, Inc., a Nebraska * Corporation; C.O.C., Inc., a * Nebraska Corporation; Optical * Services, Limited Partnership; * Sheldon I. Rips, an Individual, * * Defendants. * ___________ Submitted: January 10, 2001 Filed: January 19, 2001 ___________ Before WOLLMAN, Chief Judge, and FAGG and HANSEN, Circuit Judges. ___________ PER CURIAM. This is the second appeal in this case involving the Worker Adjustment and Retraining Notification Act (WARN) , 29 U.S.C. §§ 2101-2109 (1994). In the first appeal, we reversed the district court's decision that Commercial Optical Company, Inc. did not violate the WARN Act when Commercial failed to give employees notice of a plant closing. See Burnsides v. MJ Optical, Inc.,128 F.3d 700
(8th Cir. 1997). We decided that under the Act, the "unforeseeable business circumstances" defense excused Commercial from giving 60-days' written notice, but instead required Commercial to give as much notice as practicable. Seeid. at 703-04.
We stated that under the circumstances, "Commercial had an obligation to notify the employees that they would lose their jobs in two days."Id. at 704.
We remanded the case for the district court to calculate damages. Seeid. On remand,
the district court awarded damages in the amount of two days' pay and benefits. The employees appeal arguing the district court committed error in finding Commercial could rely on the "unforeseeable business circumstances" defense without giving any written notice to employees, and the district court should have awarded damages for a sixty rather than two-day WARN violation. These arguments ignore our holdings in the first appeal. Having carefully considered the employees' appeal, we affirm the district court. See 8th Cir. R. 47B. -2- A true copy. Attest: CLERK, U.S. COURT OF APPEALS, EIGHTH CIRCUIT. -3-