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The legal requirement for a 60 day notice, called the WARN Act, is only required when there is a mass lay off. if there is not a mass layoff, then the employer has the option to give notice or not.
So no, there would not be a basis for a lawsuit here, unless this was a mass layoff and he was the only one not receiving notice or he could show that the only reason he wasn't given a 60 day notice is his race, religion, gender, age, disability or recent medical leave use.
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