 On or about Feb 7, 2009, a laid-off Qimonda employee began legal proceedings against Qimonda North America (QNA) for recompense for two months' worth of pay and benefits in a federal class-action lawsuit.The suit alleges that employees were not given their 60-day written notice of termination or 60 days' severance pay required under the federal Worker Adjustment and Retraining Notification Act (dubbed WARN).Qimonda argued that the “faltering company” exemption under WARN applies, which allows the company to fail to give notice where such advance notice may inhibit the company’s ability to find capital or business with which to continue operating.